Terms of Service

Terms of Service

If you do not agree to this statement, you cannot access or use this website.

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS OF SERVICE") GOVERN YOUR USE OF THIS SITE AND OF THE WEB SERVICES OFFERED ON IT. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND THISYS AND GOVERN YOUR ACCESS TO, AND USE OF, THISYS'S WEBSITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE. YOUR USE OF THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

These Terms of Service are a legal agreement between the User and Thisys for the web based services you subscribe to. These Web Based Services include data distribution, data storage, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the Web Based Services, you agree to be bound by these Terms of Service. If you do not agree to them, you are not authorised to use the Web Based Services.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You choose your own password when you activate your account (or sign in with a Google or Microsoft account instead). The User(s) are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Thisys of any unauthorised use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session.

If you become aware of any unauthorised use of your password or of your account, you agree to notify Thisys immediately.

Thisys cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

MEMBER CONDUCT

You understand that all information, data, text, sound, photographs, graphics, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Thisys, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Thisys does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Thisys 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.

User agrees not to attempt to deny service to, hack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with Thisys web site in any manner. If User in any way interferes with Thisys web site, User agrees to pay all damages incurred by Thisys, including any consequential damages. Thisys will cooperate with the authorities in prosecuting any User who Interferes with Thisys web site, attempts to defraud Thisys, or attempts to defraud credit card companies or any other parties through User's use of Thisys web site or services.

You agree to not use the Service to:

· Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

· Harm minors in any way.

· Impersonate any person or entity, including, but not limited to, a Thisys official, or falsely state or otherwise misrepresent your affiliation with a person or entity.

· Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)

· Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.

· Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.

· Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

Thisys reserves the right to refuse any or all service to any User for any reason, at any time, at Thisys's sole discretion. User agrees that Thisys may block its IP address or addresses at any time, and at Thisys's sole discretion, thereby disallowing User's continued use of Thisys's web site.

COMPLIANCE WITH AGREEMENT AND LAWS

You shall use our Survey Tool only in compliance with these Terms of Service and all other applicable local and international laws (including, but not limited to, policies and laws related to spamming, copyright and trademark infringement, defamation, privacy, and obscenity).

You also agree not to intentionally or unintentionally violate any applicable local, state, national, or international law.

Although Thisys has no obligation to review the content provided by you or your use of the Survey Tool, Thisys may do so and may block any email messages and or terminate any use of our Survey Tool that Thisys believes may be (or is alleged to be) in violation of the foregoing.

SURVEYS YOU CREATE AND THE DATA YOU COLLECT

You are the author of your surveys. You decide what you ask, who you ask, why you ask it, and what you do with the responses and other data you collect, export or share. Thisys provides the tools; it does not decide, direct or supervise how they are used.

You are responsible for your surveys and for what you do with the data they collect. That includes having a lawful basis and any consent you need to collect the data, giving respondents the notices the law requires (including who you are and why you are collecting their answers), keeping the data secure once you have exported or shared it, and honouring your respondents' rights. To the extent the law allows, Thisys is not responsible for what survey creators ask, collect or do with their data, or for the conduct of any survey creator or respondent.

Thisys does not review surveys before they go live and does not verify who answers them. If you believe a survey is being misused, tell us at [email protected]. We may look into it, remove a survey, or suspend an account that breaks these Terms. If a respondent or anyone else complains or makes a claim about a survey you created or how you used its data, that is between you and them; we will pass on anything we receive.

This section does not limit Thisys's own responsibilities: how Thisys itself stores, secures and processes data for you, as the Privacy Policy describes, and any right you have under the Australian Consumer Law or any other law that cannot be excluded.

ANTI-SPAM

Email and Prohibited Content

Email messages sent in connection with our Survey Tool must contain an "unsubscribe" link that allows subscribers to remove themselves from your email messages. You acknowledge and agree that you will not hide, disable, or remove or attempt to hide, disable, or remove the opt-out link from the email invitation. You will actively manage and process unsubscribe requests received by you directly within ten days of submission, and update your email lists and address books to reflect the unsubscribe requests. You are responsible for ensuring that during use of our Survey Tool your email messages do not generate a number of spam complaints in excess of industry standards. If Thisys determines that your level of spam complaints is higher than industry standards, Thisys, at its sole discretion, has the right to terminate your use of its Survey Tool.

These rules are Thisys's own conditions on your use of the Survey Tool, in addition to — and not a replacement for — your obligations under Australia's Spam Act 2003 (Cth) and any other anti-spam law that applies to your messages.

Permission Lists Only

Thisys has a zero-tolerance spam policy. Subscriber accounts will be terminated for sending unsolicited email messages. This means that all recipients sent to must have opted in to receiving communications from you, the sender.

· We prohibit the use of third-party, purchased, rented, or harvested mailing lists. Thisys will terminate accounts violating the foregoing.

· You cannot mail to newsgroups, message boards, distribution lists, or unsolicited email addresses.

· You agree that you shall not use our Survey Tool to send any commercial electronic mail messages to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be commissioned. Your email should follow the guidelines below:

1. Bans false or misleading header information. Requires valid "reply" and "from" addresses. These must be accurate and identify the person who initiated the email.

2. Prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.

3. Requires the email to provide recipients with a valid opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honour the requests. You may create a "menu" of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender.

Any opt-out mechanism you offer must be able to process opt-out requests for at least thirty days after you send your commercial email. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it's illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the International laws.

Reporting Spam

If you suspect that Thisys has been used to send spam, please inform us immediately through the Contact page and we will investigate accordingly.

DELIVERY, ALLOWANCES AND STORAGE

Thisys does not guarantee that email messages sent through the Service are delivered, or delivered on time: that also depends on the recipients' mail providers.

Each plan's monthly allowances of answers and AI credits are published on the Pricing page. Thisys emails the account owner as the answer allowance is approached (unless the owner has turned notifications off) and applies the grace band stated there before new responses are paused. An AI run that the remaining credits do not cover is refused before it starts, and nothing is charged for it.

Uploaded files are subject to a size limit per file and a storage limit per account. An upload that would pass either is refused with a message saying so.

Surveys, responses and files are not deleted because an account is over a limit.

MODIFICATIONS TO SERVICE

Thisys reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Thisys shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Thisys does not delete an account, or its surveys and responses, because the account has been inactive. Account information is kept for as long as the account is open, as the Privacy Policy describes.

AI FEATURES

Some features use artificial intelligence to draft and translate questions, summarise and analyse responses, and suggest replies. AI output can be wrong, incomplete or out of date. It is a draft to help you, not professional advice, and it is not checked by us before you see it.

You are responsible for reading AI output and checking it against your own data before you publish it, send it or make a decision because of it. AI features use credits as described on the Pricing page. How we handle the text we send to our AI provider is set out in the Privacy Policy.

COPYRIGHTS

The Web Based Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Web Based Services are licensed, not sold.

All title and copyrights in and to the Software are owned by Thisys or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.

LINKS TO THIRD PARTIES

Thisys makes no claims or representations about any Web Site not under Thisys's control that a User may access from Thisys's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by Thisys or otherwise on Thisys's web site does not constitute Thisys's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.

LIABILITY DISCLAIMER

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE THISYS SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE THISYS SITES/SERVICES AND TO THE INFORMATION THEREIN. THISYS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THISYS SITES/SERVICES AT ANY TIME.

THISYS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE THISYS SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THISYS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT THISYS SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A THISYS SITE/SERVICE, TO THE EXTENT PERMITTED BY LAW. THIS DOES NOT TAKE BACK THE SECURITY MEASURES THAT THE THISYS SECURITY PAGE AND PRIVACY POLICY DESCRIBE, OR ANY OBLIGATION THISYS HAS UNDER PRIVACY LAW, INCLUDING TO NOTIFY YOU OF A DATA BREACH. YOU SPECIFICALLY AGREE THAT THISYS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THISYS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THISYS SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL THISYS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE THISYS SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE THISYS SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE THISYS SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE THISYS SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THISYS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE THISYS SITES/SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE THISYS SITES/SERVICES.

Nothing in this section excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where our liability under such a guarantee may be limited, it is limited (at our option) to re-supplying the service or paying the cost of having it re-supplied.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect.

SEVERABILITY

If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this Agreement.

HEADINGS

The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision thereof.

Referral Programme

Thisys operates an optional referral programme. When someone you refer becomes a paying subscriber, you earn a commission of 20% of each subscription payment they make on the Pro or Business plans (5% on Enterprise) for 12 months from their first payment. Commission is earned on recurring subscription payments only, not on one-off purchases such as credit or answer top-ups.

Attribution: referrals are attributed by a first-party "thisys_ref" cookie set for 90 days when a person arrives through your referral link, or by a referral code entered at sign-up. Self-referrals — referring your own new account, including with an alias of your own email or your own payment card — are not eligible and may be reversed.

Holding period and payout: each commission is held for 60 days after the payment it relates to before it becomes available for withdrawal, so that it can be reversed if the underlying payment is refunded or disputed. A minimum balance of US$20 is required to request a payout. If a payment that generated a commission is later refunded or charged back, the corresponding commission is reversed (deducted from your balance or netted against a future payout).

Thisys may change, suspend, or end the referral programme, and may withhold or reverse commissions it reasonably believes arise from fraud, abuse, or a breach of these Terms. Commissions are not payable on taxes, credits, or amounts Thisys does not actually collect.

Who you are contracting with

The Thisys service is provided by Thisys Technologies Pty Ltd (ABN 23 701 527 040, ACN 701 527 040) ("Thisys", "we", "us"). These Terms of Service are an agreement between you and that entity.

Notices to Thisys under these Terms of Service may be sent to [email protected]. Notices to you are sent to the email address on your account, so keeping it current is your responsibility.

Subscriptions, billing and cancellation

Paid plans are billed in advance, monthly, and renew automatically each month until cancelled. Payment is taken through our payment processor; we do not store your full card details (see the Privacy Policy).

You may cancel at any time from your account's billing settings. Cancellation takes effect at the end of the period you have already paid for: your plan stays active until then, and you are not charged again. We do not provide pro-rata refunds for the unused remainder of a period, except where a refund is required by law — including the consumer guarantees under the Australian Consumer Law, which cannot be excluded.

Credit and answer top-ups are one-off purchases, not subscriptions. They are consumed as used and are non-refundable once spent, except where a refund is required by law.

Changing between paid plans takes effect immediately. The payment processor credits the unused part of the old plan and charges the prorated difference on your next invoice, and your billing date does not change.

We may change our prices. Where a change affects a plan you are already on, we will give at least 30 days' notice to the email address on your account before it applies to you, and the change takes effect from your next renewal. Continuing to use a paid plan after that date is acceptance of the new price; if you do not accept it, cancel before the renewal.

If a payment fails we may retry it and may suspend access to paid features until it succeeds. We will not delete your surveys or responses because of a failed payment without notice and a reasonable opportunity to resolve it; see the Privacy Policy for how long data is kept.

Governing law

These Terms of Service are governed by the laws of Victoria, Australia, and you and Thisys submit to the non-exclusive jurisdiction of the courts of that place.

Nothing in these Terms of Service excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

Before commencing proceedings, each party agrees to raise the dispute with the other in writing and to attempt in good faith to resolve it within 30 days. This does not prevent either party from seeking urgent injunctive relief.

ENTIRE AGREEMENT

These Terms of Service contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, whether oral or written, relating to that subject matter. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Thisys.