Thank you for using PureSpectrum. We have built the best marketplace for researchers and panels to deliver great surveys to people interested in providing their honest opinion. In order to keep the marketplace a secure and healthy environment, we have outlined the terms to use our Services (services being anything provided by the platform or PureSpectrum team).
By logging in to your Account or using the Services, you agree to the Terms of Use.
Costs and Payment Terms – All Costs associated with your use of Services will be sent in an invoice via email to your preferred billing e-mail address, or the Primary Account Contact. Costs do not include VAT and you are responsible for any taxes associated with use. Payment for Services is due within 30 days of the date of a correct invoice. You must notify PureSpectrum within 90 days of receiving the invoice of any cost-related disputes. Payment may be sent by ACH, check or wire transfer. PureSpectrum will net any Costs incurred by the Customer against revenues generated by the Customer in the Account. PureSpectrum reserves the right to suspend access to an Account with past due invoices. The Customer is responsible for reasonable legal and collections fees associated with remedying a past due Account. PureSpectrum reserves the right to charge interest on overdue payment pursuant to applicable law.
Account Management – Access to PureSpectrum is provided by issuing an Account with User profiles for your team members. An Account and User Profiles are for you and your employees use only and are not transferrable. If an employee with a User profile on the Account leaves the Customer’s employment, it is the Customer’s responsibility to provide written notice to PureSpectrum to deactivate the terminated employee’s User profile. Employees of PureSpectrum have access to your Account to support your Account, to respond to complaints of unacceptable use and to improve overall platform services.
Acceptable Uses – Customer will comply with all applicable international, national and local laws and regulations when using the Services. Additionally, Customer may use the Services for Market Research purposes only, in accordance with the MRA Code of Marketing Research Standards (link). If PureSpectrum discovers a violation of Acceptable Uses, PureSpectrum will pause any Survey and suspend access. Additionally, collection of Personal Identifiable Information (PII) is not allowed on the PureSpectrum platform. You must receive written permission from PureSpectrum to collect PII in the Survey.
Data Ownership & Privacy – The Customer will own the questionnaire and all data collected in the Survey. Any data collected in the PureSpectrum platform will be used only to provide the Services.
Termination of Services – Customer may terminate use of the Services at any time, unless otherwise defined by a Subscription Agreement. Any outstanding costs or fees will be collected under the normal billing cycle.
Written Notice – All Notices must be sent to support@purespectrum.com or to c/o PureSpectrum 31416 Agoura Rd., #210, Westlake Village, CA 91361 USA
Limitation of Liability – In no event will PureSpectrum be liable to the Customer for any consequential, incidental, indirect or special damages, including loss of data or loss of profits. The foregoing limitation of liability will apply notwithstanding any failure of essential purpose of any limited remedy stated herein. In no event will PureSpectrum’s aggregate liability to the Customer arising out of, or related to, this Agreement or the Services provided thereunder, however caused and arising under any theory of liability, whether based in contract or tort (including negligence), or otherwise, exceed the amounts paid to PureSpectrum by Customer under this Agreement.
Warranties – Customer acknowledges that the Services provided by PureSpectrum operates using the Internet, and includes factors outside the control of PureSpectrum. PureSpectrum will take commercially reasonable efforts to provide the Services without disruption. The Customer will not hold PureSpectrum responsible for Survey downtime or any other inability to provide Services hereunder caused by or arising out of factors or causes outside of PureSpectrum’s control. PureSpectrum expressly disclaims all warranties, expressed and implied.
Mutual Indemnification – Each Party agrees to indemnify the other and its officers, agents, employees and subcontractors against all claims against them for damages caused by (i) the manufacture, distribution, sale or use of any products or services supplied by the Party or its agents for the purpose of any Service contemplated by these Terms of Use and from all costs and expenses (including reasonable attorney’s fees) and lawsuits which may be brought against the other Party, its officers, agents, employees, and subcontractors on account of such damages; (ii) negligence or willful acts or omissions on the part of a Party, its officers, agents, employees and subcontractors; and (iii) the breach by the a Party of any of its covenants or obligations under this Agreement, except to the extent any such claim arises from or is caused by the other Party’s negligence or willful acts or omissions.
Governing Law – These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America and the state of California.
Definitions
Account – your access to the PureSpectrum platform (services), inclusive of all User Profiles
Costs – all charges incurred using the Services, including but not limited to CPI, service charges and subscription fees
CPI – Cost Per Interview
Customer – the entity that has been given access to the Account and PureSpectrum Services, also defined by “you” or “your”.
Primary Account Contact – an employee of the Customer assigned to the Account
Subscription Agreement – A separate agreement outlining additional services and use
Survey – The data collection instrument linked to the PureSpectrum platform and Customer Account
User Profile – employee-specific access within a Customer Account
VAT – value-added tax