Version 2.0, Updated at 2018-08-09
An introduction to the words and concepts we use and refer to in these terms and conditions.
We explain what undertakings you as a customer are obliged to take, like have access to internet connection, to not to decompile or in other ways harm Mentimeter and keep login information secure.
We will provide you with an accessible and easy-to-use service and we will try our best to make the experience amazing.
Payment is carried out pre-paid and for the entire period at once (no partial payment available).
We offer a generous 14-days money-back guarantee.
Accounts are personal (one user per account), you can purchase a license to get access to more features of Mentimeter.
Mentimeter is proud to utilize some of the best technology and third party application in the world to make Mentimeter awesome.
This section explains the different types of access / service levels we have:
More info at: www.mentimeter.com/plans
We try our best to have no faults in our Application. If we have, we will try to fix it ASAP.
We store some Personal Data. We store, and are responsible for, email, name, IP-address and billing address (if entered by Presenters). All these are seen as a less-risk-type of personal data.
If you, as a Presenter, store or have Users submit any personal data in Mentimeter (for example in a Survey) you are seen as responsible for that data.
Mentimeter is compliant with GDPR (Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data, active law from 25 May 2018).
We give you access to use Mentimeter, but we still own the software and all right associated with it. Therefore, you are not allowed to copy or decompile our software. This allows us to build an even more kick-ass Application in the future.
All information connected to the service is confidential, from both parties, with some minor exceptions for Users who are having a free account and Presenters email addresses.
If we need to we can carry out maintenance on our site, we will let you know if this affect you.
We have set limits on our liability if something happens to our site or if we by some reason cannot supply you with the Services.
If war (or other crazy stuff) breaks out and we can no longer supply the service, we are excluded of responsibility.
Notices will be sent by e-mail.
A legal term meaning "we have a deal and the whole content of the deal is stated in the Terms".
This contract will be valid until cancelled by either you or Mentimeter. You can terminate the contract whenever you like but you must first approve that we in such case will delete all your data.
Mentimeter is a Swedish company and disputes will be carried out in Sweden under Swedish law.
1.1 By accepting these Terms and subscribing for the Services the User has received a non-exclusive, non-transferrable License to use the Free version, Basic version, Pro version or Custom version of the Application from Mentimeter under the Terms set forth below.
1.2 The following definitions in these Terms shall have the meaning as set forth in this provision:
2.1 The User shall provide Mentimeter with all information that is necessary for Mentimeter to carry out its obligations under these Terms.
2.2 The User shall be responsible for its Internet connection and the network that is being used to gain access to, and make use of, the Application. The User shall also ensure that it has the equipment and software that are required for the performance of the Application.
2.3 The User is liable for faults, non-conformities and lacking performance in the User's software, hardware or Internet connection.
2.4 The User shall ensure that (i) the User Data and the User's software is free of viruses, trojans, worms or other harmful software codes, (ii) the User Data and User's software is in a format suitable for the Application and (iii) that the User's software or User Data cannot in any other way, harm or adversely affect Mentimeter's system, Website or the Application.
2.5 The User shall ensure that log-in information, security procedures, and other information, which is used to access/use the Application, is treated as confidential information in accordance with the provision regarding Confidentiality in these Terms. The User shall immediately inform Mentimeter if any unauthorized person has obtained knowledge of such information.
2.6 The User shall not copy, decompile, decrypt or deconstruct the Application or try to derive or create source code from the Application.
2.7 The User shall not try to circumvent the security measures of the Application set out by Mentimeter.
2.8 The Customer shall pay the amount due for the License(s) on the Customer Initiation Day. Exception is made when payment is done through invoice and/or bank transfer, then payment is due 30 days after Customer Initiation Day.
2.9 The User is required to follow the instructions provided from time to time by Mentimeter for use of the Application.
2.10 To the extent the Terms does not state differently the User is responsible for back-ups of User Data.
2.11 The User shall ensure that the User does not use the Application in an inappropriate manner; such as, but not limited to, posting pornographic, racist, harassing or otherwise unlawful or inappropriate material in the Surveys and or Application. Mentimeter reserves the right to, without warning, block Users who do this. Such blocking does neither entitle the User to refund for payment done nor compensation of any other kind.
2.12 Mentimeter is intended to be a business tool. If you are younger than 16 years old, you must be represented by your parents or guardians to agree to these Terms and to use the Application.
3.1 As of the Customer Initiation Day Mentimeter shall provide the Paid version of the Application to the Customer.
3.2 Mentimeter provides the Presenter with the Free version when the Presenter has registered on the Website by providing necessary information and accepted these Terms.
3.3 Mentimeter shall make available necessary instructions for using the Application.
3.4 Mentimeter shall perform its duties according to these Terms in a professional manner.
4.1 The Prices for the Licenses to use the Application is found here: https://www.mentimeter.com/plans. All prices are exclusive of VAT, other taxes and potential tolls or import/export fees.
4.2 Payment for Basic and Pro version is made on the Customer Initiation Day for a twelve (12) month period (the "Licence Period").
4.3 Payment cannot be made for parts of the License Period or be partially repaid.
4.4 Mentimeter is entitled to change fees, payment terms and License Periods at its own discretion. Such changes will however not affect a License already paid for.
4.5 The Customer is entitled to a full refund within fourteen (14) days from the Customer Initiation Day for the Basic version and the Pro version by cancelling the License. In order to receive the refund, the Customer must send a written notice to email@example.com stating why the refund is requested. Mentimeter will provide the refund within fourteen (14) days from registering the request.
4.6 By using Mentimeter in a live situation the Customer lose the right to refund.
5.1 Presenter accounts are personal, meaning one account can only be used by one Presenter.
5.2 One License gives one Presenter the right and ability to use the features stated in mentimeter.com/plans.
5.3 If a Customer purchases several Licenses, the Licenses can be distributed and re-distributed among several Presenters during the License Period without limitation. The Customer is responsible for ensuring that each License only is used by one Presenter at a time.
5.4 The User may not copy the Application or any software or code that is included in the Application or permit any other person to use the Application. To the avoidance of doubt, this does not limit a Presenter's right to use the Application for Surveys.
5.5 The Presenter or, when applicable, Customer is responsible for the provision of information about who(m) that shall be the Presenter(s), and thereby authorised to use the Application. The Customer is responsible to remove the Presenter(s) if the Presenter(s) is no longer authorised to have access to the Application. The Customer is responsible for its Presenters use of the Application (if the Customer and Presenter are different legal or physical persons).
5.6 Mentimeter may terminate these Terms and suspend the User from its License(s) immediately or limit the User's access to the Services if the User fails to comply with these Terms or if the provision of the Services might lead to more than a minor damage for Mentimeter or any third person.
6.1 There are four (4) different service levels of the Application; the Free version, the Basic version, the Pro version and the Custom version. Information about service levels, as well as their features and pricing, can be found here: https://www.mentimeter.com/plans
6.2 The Free version provides the Presenter with one (1) License to the Application and contains no limits on the number of persons in the Audience. It entitles the Presenter to make two (2) questions for every event. The Presenter grants Mentimeter an irrevocable right to – in an anonymized format – use the Surveys created by the Presenter and the answers from the Audience. Such information will only be used by Mentimeter and as inspiration for Mentimeter to further develop the Application. Mentimeter retains all ownership over the data.
6.3 The Basic version provides the Customer with one (1) License to the Application and contains no limits on the number of persons in the Audience. It entitles the Presenter to make an unlimited amount of questions for every event. The Customer may export the results from the Survey to Excel. Mentimeter receives no right to use neither the Survey(s) created by the Presenters nor the answers provided by the Audience. The Customer retains all ownership over the data.
6.4 The Pro version provides the Customer with one (1) License. No limits on the number of persons in the Audience. It entitles the Presenter to make an unlimited amount of questions for every event. The Customer may export the results from the Survey to Excel. The Presenter may share a template of their Survey(s) amongst other Presenters within their Mentimeter Organisation and the Customer will have access to the Application as a white label-product and can customize the logo and branding design to be coherent with its own. The Customer can continuously change who is granted the Licenses. Mentimeter receives no right to use neither the Survey(s) created by the Presenters nor the answers provided by the Audience. The Customer retains all ownership over the data.
6.5 The Custom version is a version of the Application specifically designed for the Customer by Mentimeter. Mentimeter and the Customer shall set out the terms for the use of the Custom version before the Customer Initiation Day. These Terms shall only be applicable on the License for the Custom version insofar otherwise has not been agreed by the parties. If nothing else is agreed Mentimeter receives no right to use neither the Survey(s) created by the Presenter nor the answers provided by the Audience.
7.1 A fault in the Application shall mean a deviation from the description of the current version of the Application and major deviations from generally applicable norms for software equivalent to the Application.
7.2 If there is a fault in the Application, Mentimeter shall, to the extent possible, rectify the fault as promptly as the circumstances require. Mentimeter's liability does not include faults that are of no significance for the intended use of the Application and that do not cause the User any inconvenience.
7.3 Faults in the Application are rectified by means of a correction or by the provision of instructions on how to circumvent the fault. To be able to claim the existence of a fault for which Mentimeter is liable, the User shall report it to Mentimeter within a reasonable period after discovery of the fault. The User shall state, and if necessary show, how the fault manifests itself.
7.4 If there is a fault in a Third Party Application and Mentimeter is unable to rectify it itself, Mentimeter shall report this to the relevant Third Party Application supplier and install any solution received from said Third Party Application supplier if this can be done without having an adverse effect on the Application or without any other negative effects for Mentimeter. Over and above this, Mentimeter has no liability for faults in Third Party Application
7.5 If Mentimeter has not rectified a fault with the promptness that the circumstances require, the User may send Mentimeter a written notice of a deadline, within reasonable time, at which the fault must be rectified. If the fault has not been rectified within such deadline the Customer will be entitled to such reduction of the price of the License that corresponds to the fault. Users of the Free version will not have any right to economic compensation.
7.6 Mentimeter shall never be liable for faults caused by any of the reasons stated in the provisions Maintenance and Downtime, Limitation of Liability and Force Majeure, faults caused by changes to or interference with the Application made by the User, or other circumstances for which the User or a third party is liable or that are in some other way beyond Mentimeter's control.
7.7 Mentimeter's liability for faults is limited to what is stated under this provision - Faults in the Application - except if the fault is caused by gross negligence or malicious intent on behalf of Mentimeter. The User is not entitled to make any claims due to fault in the Application other than what is stated in this provision Faults in the Application.
8.1 Before 25 May 2018 Personal Data is regulated by the Swedish Personal Data Act (1998:208). After 25 May 2018 Personal Data is regulated by GDPR (Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data). Mentimeter will maintain a level of security for the Services in accordance with the now mentioned rules.
8.2 When it comes to Presenter Personal Data, Mentimeter is seen as the Processor and the Presenter, or when applicable, the Customer, as the Controller.
8.3 When it comes to User Personal Data the Presenter, or when applicable, the Customer, is seen as Controller and solely responsible for the collection, storing and management of such potential personal data. Mentimeter, as a Processor, will only store such data and use certain data from Free versions of the Application in an anonymized format without the possibility to identify separate individuals.
8.4 The User is responsible for ensuring that the processing of data within the Application takes place in accordance with applicable legislation and in accordance with these Terms. Mentimeter carries no responsibility for the type of questions or the data that the Users enter when using the Services, as an example when asking or answering questions in a Survey.
8.5 In the event of any loss or damage to User Data, Mentimeter will use all reasonable commercial efforts to restore the lost or damaged User Data from the latest back-ups that are maintained by Mentimeter. Over and above this, Mentimeter has no responsibility for the loss of User Data. Mentimeter shall have no responsibility at all for any loss, destruction, unavailability, alteration or disclosure of User Data caused by any third party.
8.6 Mentimeter undertakes to only process personal data in accordance with the Terms and the written instructions of the Presenter or the Customer. Mentimeter shall carry out the technical organizational measures that have been agreed upon. If Mentimeter makes use of sub-contractors who process personal data, Mentimeter must, on behalf of the Presenter or the Customer, sign an agreement with the sub-contractor according to which the sub-contractor undertakes, as a personal data assistant/processor to the Presenter, to comply with the requirements of this provision 8.
8.7 Mentimeter does never sell or grant anyone access to Presenter Personal Data or User Data for other purposes than just fulfilling delivery of the Services under these Terms. Nevertheless, Mentimeter has the right to share Presenters email addresses with organisations connected to the Presenters. The reason for this is to give the Presenters an even better experience of, and more value from, using the Application. Mentimeter will never share email addresses with other third parties than the now mentioned.
8.8 A full Data Processing Agreement, legally a part of the Terms, can be found here: mentimeter.com/privacy. Over and above that which is stated in the Data Processing Agreement, Mentimeter shall, to the extent permitted by law, have no liability towards the User or any third party for the processing of personal data within the scope of the Services. Sensitive or special categories of personal data will not be processed by Mentimeter.
9.1 Mentimeter has the right to communicate with its Users. Such communication can be newsletters, product updates, offers or other information related to the Application. Users may opt out of receiving emails from Mentimeter at any time.
9.2 Please note that although a User may opt out of receiving certain emails, Mentimeter reserves the right to communicate with all Users via email regarding specific products and services the User have ordered, requested, or inquired about.
10.1 Mentimeter or – when applicable – its licensors retain all rights to the Services including, without limitation, all intellectual property rights to the Application, all copyright, trademarks and Know-how relating in any way to the Services. Except as expressly set forth in these Terms, the User does not acquire any right whatsoever to Mentimeter's Services, the Application, copyright, patents, trademarks, trade secrets or other intellectual property rights or any goodwill belonging to Mentimeter.
10.2 Mentimeter will never deliberately copy any third party's intellectual property rights and, to the knowledge of Mentimeter, the Application does not infringe any intellectual property rights belonging to a third party.
10.3 If a third party or a Customer or Presenter, in writing, notifies Mentimeter of the occurrence or potential occurrence of an intellectual property rights infringement related to the Application Mentimeter will, to the extent possible, take measures to ensure that the Application is altered in such way that it does not infringe the intellectual property rights in question. If this would entail unreasonably high costs, Mentimeter has the right to, instead of taking these measures, limit or temporarily cancel the use of the Service, or terminate these Terms (and thereby the right to use the Services) with immediate effect. Mentimeter's obligations under this section 10.3 shall not apply to the extent that the infringement (a) is related to any Third Party Application; or (b) arises out of any modification of the Application not made or authorised by Mentimeter.
10.4 Mentimeter assumes no liability for the content and other information provided by a User. The Presenter is liable for the Survey and any other material, including answers from the Audience, supplied to the Application. The User shall indemnify and hold Mentimeter harmless against any claim by a third party relating to the Survey, or to any other material supplied by the User to the Application.
10.5 The User shall notify Mentimeter immediately if the User receives any notification of accusation of infringement from third party due to their Survey(s) or answers created with the Application.
10.6 Mentimeter respects intellectual property rights and will remove any content that infringes copyright, trademark, patent or other intellectual property rights of third party upon notification from the User or third party.
10.7 Mentimeter is entitled, in connection with general marketing activities, to state that Mentimeter cooperates with Customer. This includes a right for Mentimeter to include logotypes and similar on its website, in general presentations and in brochures when presenting the cooperation with the Customer as long as Customer does not expressly and in writing oppose to this. If Mentimeter desires to use Customer as a reference or present the cooperation in anything other than general presentations, this must in each such case and in advance be approved by Customer.
11.1 The parties undertake to retain in confidence and not to disclose to any third party any confidential information and data received from the other party. Confidential information shall mean any information – technical, commercial or of other kind – regardless of it being documented or not. Such information may, however, be disclosed if such disclosure is necessary to allow a party, or its employees to (i) defend against litigation, (ii) to file and prosecute patent applications, or (iii) to comply with governmental regulations. Such obligation of confidentiality shall be waived as to information and samples which (i) is in the public domain; (ii) comes into the public domain through no fault of the receiving party; (iii) was known prior to its disclosure by the receiving party, as evidenced by written records; (iv) disclosure is allowed under these Terms, or (v) is disclosed to the receiving party by a third party having a lawful right to make such disclosure. Such obligations of confidentiality shall continue during the term of the Terms and for two (2) years from the termination of these Terms.
12.1 Mentimeter strives to keep the Application available to such a large extent as possible.
12.2 Since Mentimeter wants to provide an updated and maintained Application, Mentimeter shall always have the right to disconnect the Application for service and upgrading without giving prior notice to the User.
12.3 Mentimeter shall implement new updates and versions of the Application, to the extent deemed suitable by Mentimeter. Mentimeter intends to give notice on beforehand to the User before updates or maintenance of the Application that will lead to more than minor disruptions in the Services.
12.4 Mentimeter can not be held liable for downtime or other technical complications.
13.1 Mentimeter's liability arising out of or related to these Terms is, under all circumstances, limited to an amount corresponding to the amount paid for the Application by the User during the 12 months immediately preceding the event causing the loss. User shall, to not lose its right to compensation, submit a claim for damages to Mentimeter within two (2) months from the date when the incident giving rise to the claim occurred.
13.2 Mentimeter shall not be liable for any indirect, incidental, or consequential damages, including without limitation, any loss of profits, data or income, arising out of or in connection with these Terms or the Users use of the Services.
13.3 Mentimeter shall not be liable for any corruption or destruction of data, or for any damage caused by viruses related to the User's computer system(s), hardware, software or other equipment.
13.4 The limitations of liability set forth in section 13.1 – 13.3 does not limit or exclude Mentimeter's liability for damages caused by fraud, deception, intent or gross negligence from Mentimeter or someone that Mentimeter is responsible for.
13.5 Except for expressed warranties made by Mentimeter in these Terms the Services are provided "as is" and as available, and Mentimeter does not make any additional warranties, either express or implied, including without limitation to merchantability, or fitness for a particular purpose. Without limiting the generality of the foregoing, (i) Mentimeter has no obligation to indemnify or defend User against claims related to infringement of intellectual property rights other than as stated in section 10; and (ii) Mentimeter does not warrant that the Services will perform without errors or without interruptions.
13.6 Mentimeter assumes no liability whatsoever for damages caused by the content and other information provided by the User when using the Application. The Presenter is liable for the Survey and any other material supplied to the Application and Users are responsible for material supplied by the User.
13.7 If this section 13 is restricted by mandatory law, Mentimeter's liability shall be limited as far as possible.
14.1 The parties shall be relieved from liability for a failure to perform any obligation under these Terms during such period and to the extent that the due performance thereof by either of the parties is prevented by reason of any circumstance beyond the control of the parties, such as war, warlike hostilities, mobilisation, civil war, fire, flood, changes in laws and regulations or in the interpretation thereof, acts of authorities, labour disputes, blockades, major accidents or other circumstances of similar importance.
14.2 The party desiring to invoke an event of force majeure shall give immediate notice to the other party of the commencement and the cessation of such event of force majeure, failing which the party shall not be discharged from liability for any non-performance caused by such event of force majeure.
15.1 Notice of termination or other communication shall be sent by e-mail, registered letter or by courier to the other party. Any notice sent by e-mail is deemed to have been received no later than two (2) days after the e-mail is sent. Any notice sent by prepaid first-class post is deemed to have been received five (5) days after dispatch. Any notice sent by courier is deemed to have been received on the day of delivery.
16.1 These Terms (including the Data Processing Agreement) constitutes the entire agreement between the parties and supersedes all prior written or oral agreement between the parties.
17.1 Assignment. The User may not assign these Terms or the right to use the Services without Mentimeter's prior written consent, which consent shall not be unreasonably withheld. Mentimeter is always entitled to assign or pledge the Terms and/or, in whole or in part, its rights and responsibilities under the Terms.
17.2 Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. If a provision of these Terms is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect
18.1 These Terms enters into force automatically when the User first uses the Application or Websites connected to the Application.
18.2 A User who entered into these Terms can, at any time, terminate them by sending an email to firstname.lastname@example.org. To terminate the Terms the User needs to agree to be removed from all systems and have all their data deleted. When that is confirmed by the User the Terms will be considered terminated. Already paid fees will not be repaid. After the termination the User is no longer enabled to use the Services.
18.3 Mentimeter can terminate these Terms in accordance with what is stated in the Terms and in all other cases by giving one (1) month notice. Termination can always be made by using the email address registered with Mentimeter.
18.4 Any clauses that are said to survive also after termination of the Terms or which otherwise are of the nature that they shall continue in force will be applicable also after termination of the Terms.
19.1 Mentimeter may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the Mentimeter website. If an amendment is material, as determined in Mentimeter's sole discretion, Mentimeter will notify Users by email. Notice of amendments may also be posted to Mentimeter's blog or upon the User's login to its account. Changes will be effective no sooner than the day they are posted on Mentimeter's website. In order for certain changes to become effective, applicable law may require Mentimeter 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 the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
20.1 These Terms shall be governed by and construed in accordance with the laws of Sweden without taking into consideration its principles of choice of law.
20.2 Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by the City Court of Stockholm.