Terms and Conditions - Mentimeter

Short version (full version below)

Introduction and definitions

An introduction to the words and concepts we use and refer to in the agreement

Undertakings of the Customer

We explain what undertakings you as a customer are obliged to take, like have access to internet connection, do not try to decompile or in other ways harm Mentimeter and keep login information secure.

Undertakings of Mentimeter

We will provide you with an accessible and easy-to-use service and we will try our best to make the experience amazing.

Payment and Refunds

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.

License

Licenses are personal.

Third party software used

Mentimeter is proud to utilize some of the best technology in the world. These are some of them:

Service Level

This section explains the different types of access / service levels we have:

  • Free
  • Basic
  • Pro
  • Custom

More info at: www.mentimeter.com/plans

Faults in the Application

We try our best to have no faults in our Application. If we have, we will fix it ASAP.

Personal Data

We do not store any personal data. If you as a Customer store any personal data in Mentimeter (as a result of a Survey) you are seen as responsible for that data.

Intellectual Property

We give you access to use Mentimeter, but we still own the software and all right associated with it. This allows us to build an even more kick-ass Application in the future.

Confidentiality

All information connected to the service is confidential, from both parties, unless you have a free account.

Maintenance and Downtime

If we need to we can carry out maintenance on our site, we will let you know if this affect you.

Limitation of Liability

We have set limits on our liability if something happens to our site.

Force Majeure

If war (or other crazy stuff) breaks out and we can no longer supply the service, we are excluded of responsibility.

Notices

Notices will be sent by e-mail.

Entire agreement

A legal term meaning “we have a deal”.

Term and termination

This contract will be valid until cancelled.

Disputes and Governing Law

Mentimeter is a Swedish company and disputes will be carried out in Sweden.

Full version

1. Introduction and definitions

1.1 The Customer has acquired a non-exclusive 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 Terms and definitions shall have the meaning in these Terms as set forth in this provision:

  • “Application” – the audience response system developed and provided by Mentimeter in which the Presenter creates online Surveys with questions that the Audience responds anonymously via their computers or mobile devices. The result is shown in real time. The Application is provided in English.
  • “Audience” - the person(s) for which the Survey is created and who are the respondents of the Survey.
  • “Basic version” - the basic version of the Application.
  • “Custom version” - the customized version of the Application.
  • “Customer” - the person or company who purchases the License to use the Application.
  • "User" - A Presenter, Audience member or other person having registered their e-mail on the Website.
  • Presenter - the person(s) who create(s) the Survey.
  • “Free version” - the free version of the Application.
  • “Initiation day” - the day when the Customer purchases the License to use the Application.
  • “License” - a License to use an undefined version of the Application.
  • “Mentimeter” - Mentimeter AB, that is a Swedish private aktiebolag (private limited company) registered at Birger Jarlsgatan 18A, 114 34 Stockholm, Sweden, with Swedish company registration number 556892-5506, and e-mail support@mentimeter.com
  • “Pro version” - the Pro version of the Application.
  • “Survey” - questions created by the Presenter.
  • “Terms” - these Terms and Conditions.
  • “Website” - www.mentimeter.com and www.menti.com.

2. Undertakings of the Customer

2.1 The Customer shall provide information and other such regular information that is necessary for Mentimeter to carry out their obligations under these Terms.

2.2 The Customer shall be responsible for its Internet connection and network that is being used to gain access to, and make use of, the Application. The Customer shall also ensure that it has the equipment and software that are required for the performance of the Application.

2.3 The Customer is liable for faults or non-conformities in the Customer’s software or Internet connection.

2.4 The Customer shall ensure that (i) the Customer’s and its Facilitators’ software is free of viruses, trojans, worms or other harmful software codes, (ii) the Software is in a format suitable for the Application and (iii) that the Customer’s software cannot in any other way, harm or adversely affect Mentimeter’s system or the Application.

2.5 The Customer shall ensure that log-in information, security procedures, and other information, to which the Audience has access in order to use the Application, is treated as confidential information in accordance with provision 10 in these Terms. The Customer shall immediately inform Mentimeter in the event that any unauthorized person has obtained knowledge of such information.

2.6 The Customer and its Facilitator(s) shall not decompile, decrypt or deconstruct the Application or try to derive or create source code from the Application.

2.7 The Customer and its Facilitator(s) 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 Initiation day.

2.9 The Customer is required to follow the instructions provided by Mentimeter for use of the Application.

2.10 The Customer shall ensure that the Facilitator(s) do not use the Application in an inappropriate manner; such as, but not limited to, posting pornographic, racist, harassing or otherwise unlawful material in the Surveys.

3. Undertakings of Mentimeter

3.1 As of the Initiation day Mentimeter shall provide the Application to the Customer.

3.2 Mentimeter shall make available necessary instructions for using the Application.

3.3 Mentimeter shall perform its duties according to these Terms in a professional manner.

4. Payment and Refunds

4.1 Payment is made on the Initiation day for a twelve (12) month License as set forth on the Website for Basic version and Pro version.

4.2 Payment cannot be made for parts of the License period or be partially repaid

4.3 Mentimeter is entitled to change fees at its own discretion. Such change will however not affect a License already paid for.

4.4 The Customer is entitled to a full refund within fourteen (14) days from the 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 support@mentimeter.com stating why the refund is requested. Mentimeter will provide the refund within fourteen (14) days from registering the request.

5. License

5.1 Licenses are personal, meaning each account can only be used by one Facilitator.

5.2 The Customer is only entitled to use the Application for the number of Facilitators stated on the Website.

5.3 The Customer has a non-exclusive right to use the Application solely within the Customer’s own business.

5.4 The Customer may not copy software that is included in the Application or permit any other party than the Facilitator to use the Application.

5.5 The Customer is responsible for the provision of information about who(m) that shall be the Facilitator(s), and thereby authorised to use the Application. The Customer shall immediately inform Mentimeter if the Facilitator(s) is no longer authorised to have access to the Application. The Customer is responsible for the Facilitator’s use of the Application.

5.6 Mentimeter may terminate these Terms and suspend the Customer from their License(s) immediately if the Customer fails to comply with these Terms.

6. Service Level

6.1 The Customer can choose between four (4) different service levels for the Application; the Free version, the Basic version, the Premium version and the Custom version.

6.2 The Free 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 Facilitator to make two (2) questions for every event. The Customer grants Mentimeter an irrevocable right to the Surveys created by the Facilitator and the answers from the Audience.

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 Facilitator 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 the Survey(s) created by the Facilitator nor the answers provided by the Audience.

6.4 The Pro version provides the Customer with four (4) Licenses the Application and contains no limits on the number of persons in the Audience. It entitles the Facilitator to make an unlimited amount of questions for every event. The Customer may export the results from the Survey to Excel. The Facilitators may share a template of their Survey(s) amongst themselves 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 change continuously who is granted the Licenses. Mentimeter receives no right to use neither the Survey(s) created by the Facilitators nor the answers provided by the Audience.

6.5 Mentimeter and the Customer shall set out the terms for the use of the Custom version before the 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 Facilitators nor the answers provided by the Audience.

7. Faults in the Application

7.1 A fault in the Application shall mean a deviation from the description of the current version of the Application and deviations from generally applicable norms or equivalent software.

7.2 If there is a fault in the Application, Mentimeter shall 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 Customer 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 Customer shall report it to Mentimeter within a reasonable period of time after discovery of the fault. The Customer shall state, and if necessary show, how the fault manifests itself.

7.4 Mentimeter shall never be liable for faults caused by any of the reasons stated in provision 11, 12 and 13, faults caused by changes to or interference with the Application made by the Customer, or other circumstances for which the Customer or a third party is liable or that are in some other way beyond Mentimeter’s control.

7.5 If Mentimeter has not rectified the fault with the promptness that the circumstances require, the Customer 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.

7.6 Mentimeter’s liability for faults is limited to what is stated under this provision 7 except if the fault is caused by gross negligence or malicious intent on behalf of Mentimeter. The Customer is not entitled to make any claims due to fault in the Application other than what is stated in this provision 7.

8. Personal Data

8.1 The Customer is responsible for ensuring that the processing of data within the Application that takes place in accordance with applicable legislation. With regard to personal data that are processed within the Application the Customer is the controller and Mentimeter is an assistant, in accordance with the provisions in the Swedish Personal Data Act (1998:208). Mentimeter undertakes to only process personal data in accordance with the Terms and the written instructions of the Customer. Mentimeter shall carry out the technical organizational measures that have been agreed upon. In the event that Mentimeter makes use of sub-contractors who process personal data, Mentimeter must, on behalf of the Customer, sign an agreement with the sub-contractor according to which the sub-contractor undertakes, as a personal data assistant to the Customer, to comply with the requirements of this provision 8.1

9. User Communication

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 you may opt out of receiving certain emails, Mentimeter reserves the right to communicate with you via email regarding specific products and services you have ordered, requested, or inquired about.

10. Intellectual Property

10.1 Mentimeter owns all intellectual property in the Application, including but not limited to, all copyright, trademarks and Know-how relating in any way to the Application. Except as expressly set forth in these Terms, the Customer does not acquire any right whatsoever to Mentimeter’s copyright, patents, trademarks, trade secrets or other intellectual property rights and any goodwill belonging to Mentimeter.

10.2 Mentimeter assumes no liability for the content and other information provided by the Customer when using the Application. The Customer is liable for the Survey and any other material supplied to the Application. The Customer shall indemnify and hold Mentimeter harmless against any claim by a third party relating to the Survey, or any to other material supplied by the Customer to the Application.

10.3 The Customer shall notify Mentimeter immediately if they receive any notification of accusation of infringement from third party due to their Survey(s) created with the Application.

10.4 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 Customer or third party.

11. Confidentiality

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; or (iv) is disclosed to the receiving party by a third party having a lawful right to make such disclosure. Such obligations of confidentiality shall continue for two (2) years from the completion or termination of these Terms.

11.2 Provision 10.1 above shall not apply on information provided by the Presenter or the Audience using the Free version.

12. Maintenance and Downtime

12.1 Mentimeter shall always have the right to disconnect the Application for service and upgrading without giving prior notice to the Customer. 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 Customer before updates or maintenance of the Application.

12.2 Mentimeter shall not be held liable for downtime or other technical complications.

13. Limitation of Liability

13.1 Mentimeter shall not be liable for any indirect, incidental, or consequential damages, including without limitation, any lost profits, data or income, arising out of or in connection with these Terms.

13.2 Mentimeter shall not be liable for any corruption or destruction of data, or for any damage caused by viruses related to the Customer’s computer system(s), hardware, software or other equipment.

13.3 Mentimeter’s possible liability for damages payable to the Customer shall in any event not exceed an amount corresponding to the payments made by the Customer to Mentimeter under these Terms during the previous twelve-month period.

14. Force Majeure

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. Notices

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 on the day the e-mail is sent, provided receipt is confirmed by the other Party. Any notice sent by prepaid first class post is deemed to have been received five (5) days after despatch. Any notice sent by courier is deemed to have been received on the day of delivery.

16. Entire agreement

16.1 These Terms constitutes the entire agreement between the parties and supersedes all prior written or oral agreement between the parties.

17. Term and termination

17.1 These Terms enters into force as of the Initiation day.

17.2 These Terms will terminate when the License is terminated.

18. Disputes and Governing Law

18.1 These Terms shall be governed by and construed in accordance with the laws of Sweden.

18.2 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.