Terms & Conditions
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).
- 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 of the Services. Services will be rendered pursuant to a Statement of Work (“SOW”) or other writing, and unless otherwise stated in the SOW will contain the Default Pricing Assumptions listed below, and pricing may change if those Default Pricing Assumptions are not met. Payment for Services is due within 30 days of the invoice date. Unless otherwise agreed to between You and PureSpectrum, You must notify PureSpectrum before the end of the calendar month after the month in which a Survey Response was collected of any cost-related disputes or Reconciliations and provide PureSpectrum with a reason for each Reconciled Survey response. 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. Customer must supply all equipment software, servers, and internet access necessary to access the Services. 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
- Customer will not, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (collectively, the “Software”); (ii) modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted in this Agreement); (iii) use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (iv) remove any proprietary notices or labels from any PureSpectrum products, services, or materials.
- Acceptable Uses
- Customer represents, warrants and covenants to PureSpectrum that Customer will, and will cause its employees and/or agents to, abide by and comply with any and all applicable international, national, federal, state and/or local laws, rules, regulations, requirements, statutes, codes, decisions and opinions, including but not limited to the Gramm-Leach-Bliley Act, the Children’s Online Privacy Protection Act, the Health Insurance Portability and Accountability Act, the FCC Client Privacy Rule, the European Union Directive on Data Protection, GDPR, The China Personal Information Protection Law (PIPL), the California Consumer Protection Act of 2018, the Virginia Consumer Data Protection Act, laws and the ethical codes of the Insights Association (www.insightsassociation.org) and ESOMAR (www.esomar.org), and any amendments thereto (collectively “Applicable Laws and Codes”), in connection with Customer’s collection, storage, maintenance, processing, use and/or disclosure of personal data, only as permitted by this Agreement. Each of PureSpectrum and Customer will provide all assistance required for each to meet its obligations under all Applicable Laws and Codes.
- Customer agrees that its survey projects will not (i) use survey farms, bots, or scrapers for any purpose, (ii) ask or answer questions using vulgar, abusive, or inappropriate language or content, (iii) fundraise, advertise, or make solicitations, (iv) ask or answer leading questions that are intended to coach, guide, or bias specific responses, (v) use copyrights, trademarks, or any other intellectual property without proper ownership or license, (vi) download, submit, or otherwise save Personal Data or sensitive content on the PureSpectrum Marketplace, (vii) ask or answer questions that do not conform with industry guidelines or Applicable Laws and Codes, (viii) ask or answer questions about sensitive financial information, including but not limited to, bank account and credit cards, and government-issued identification numbers.
- Ask minors to answer questions without obtaining parental consent, as defined under Applicable Laws.
- Solicit Respondents to take fraudulent or otherwise illegal surveys.
- Ethical Standards – PureSpectrum and Customer must respect the customs, rules, and practices that apply to our industry, some of which are described below
- Protection of Human Rights. PureSpectrum and Customer shall protect the human rights of its employees and comply with all Applicable Laws, as well as all ethical standards applicable in the countries in which they operate.
- Corruption and Bribery. PureSpectrum and Customer shall not engage in corruption, extortion, embezzlement, money laundering, or bribery.
- Child Labor and Forced Labor. PureSpectrum and Customer shall prohibit and refrain from child labor within their organizations or other forms of trafficking in humans, forced labor or modern slavery.
- Data Ownership & Privacy
- Any data collected in the PureSpectrum platform will be used only to provide the Services. PureSpectrum will own all screener data and other data collected by PureSpectrum from respondents in order to provide the Services, including but not limited to the PureSpectrum ID assigned to each respondent.
- Customer represents and warrants that it has enacted administrative, physical, and technical security measures, privacy and data security policies, procedures, and controls which reflect industry best standards and practices with regard to the collection, storage, transfer and sale of Personal Data. Customer agrees that it will update its policies as necessary to remain compliant with industry best standards and practices and Applicable Laws and Codes, as may be necessary from time to time.
- For the control and processing of Personal Data of European Union Data Subjects in accordance with the General Data Protection Regulation: (i) Customer acknowledges and agrees that they are Controllers regarding the control and processing of Survey respondents purchased on the PureSpectrum Marketplace, (ii) Customer acknowledges and agrees that they are Controllers regarding the control and processing of Personal Data during the Survey when off the PureSpectrum Marketplace, and (iii) PureSpectrum acts as Processor for any processing activity conducted at the direction of the Customer on the PureSpectrum Marketplace.
- For transfers of any Personal Data to any country outside EEA without an adequate level of data protection, Customer and PureSpectrum agree to apply, and accept to be bound by, the EU Standard Contractual Clauses applicable for the contemplated transfer of Personal Data, i.e. the EU Standard Contractual Clauses pursuant to Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (or subsequent contractual clauses as may be adopted by the European Commission from time to time).
- PureSpectrum shall have the right to utilize Customer’s name and trademarks for marketing and PR purposes to identify Customer as a user of the Services, including without limitation placing Customer’s company logo on the PureSpectrum’s website and other marketing materials.
- 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 firstname.lastname@example.org or to c/o PureSpectrum 31416 Agoura Rd., #210, Westlake Village, CA 91361 USA.
- 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. PURESPECTRUM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND PURESPECTRUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Non-Circumvention – The Customer hereby agrees that, for the Term and for a period of one (1) year from the end of the Term or other termination of this Agreement, the Customer will not enter into any agreement, transaction or arrangement with any of the entities (including their agents, principals and affiliates) which the PureSpectrum has introduced, directly or indirectly, to the Customer pursuant to a direct meeting, telephone call or as a survey respondent source, regardless of whether a transaction is consummated with such prospective entities.
- Audit Rights – PureSpectrum has the right to audit Customer and Customer’s affiliates that provide sourcing for Customer’s panel(s). PureSpectrum shall announce its intent to audit Customer by providing at a minimum ten (10) business days’ notice. A scope document along with a request for deliverables will be provided at the time of notification of an audit. If the documentation requested cannot be removed from Customer’s premises, Customer will permit PureSpectrum access to their site(s). Customer will make necessary employees or contractors available for interviews in person or on the phone during the time frame of the audit. Audits will be at PureSpectrum’s sole expense, except where the audit reveals material noncompliance with this Agreement or Applicable Laws and Codes, in which case the cost will be borne by Customer.
- Support – PureSpectrum will provide Technical Support to Customer via both telephone and electronic mail on weekdays during the hours of 4:00 am through 7:00 pm Pacific time, with the exclusion of US Federal Holidays (“Support Hours”). Customer may initiate a helpdesk ticket during Support Hours by calling 877-865-PURE or any time by emailing email@example.com. PureSpectrum will use commercially reasonable efforts to respond to all Support tickets within one (1) hour if during Support Hours, and one (1) business day if outside those hours.
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”.
Default Pricing Assumptions
- Multi-country: Timings and costs assume the questionnaire is at least 80% consistent between markets.
- Translations: Translation costs are based on an estimate of words for the quoted LOI. If the actual word count significantly exceeds the amount assumed within the quote, PureSpectrum reserves the right to inform the client and revise timings and costs accordingly.
- Data Checking: As standard, PureSpectrum will perform data accuracy and respondent quality checks. Should Client have any specific requirements, please specify these at the start of the project. Additional time and/or costs may apply.
- Data Tables: Costs assume that each set of Excel data tables has a banner length of up to 20 columns. Additional costs may apply if a larger banner is required.
Personal Data – Sometimes referred to as Personally Identifiable Information or PII or Personal Information) refers to any information relating to an identified or identifiable natural person (i.e., a private individual as opposed to a corporate or other comparable entity). An identifiable person is someone who can be identified directly or indirectly, in particular by reference to an identification number or the person’s physical, physiological, mental, economic, cultural or social characteristics.
Primary Account Contact – an employee of the Customer assigned to the Account.
Reconciliations – Survey Responses rejected by Customer for legitimate reasons related to quality such as speeding (where the Survey is completed in less than 1/3rd of the median length of interview within the Survey project), straight lining (where all or substantially all answer choices are the same), logical inconsistencies, open-end gibberish answers (for the avoidance of doubt single word responses are not gibberish).
Subscription Agreement – A separate agreement outlining additional services and use.
Survey – The data collection instrument linked to the PureSpectrum platform and Customer Account.
Survey Response – An individual completed response within a Survey.
User Profile – employee-specific access within a Customer Account.
VAT – value-added tax.