Terms of Service

1. GENERAL

1.1
Output Bypropel AB (“We” or “Propel”), who has built Panelista, is on a mission to make it easier for people to help improve the companies they care about, and for companies to collaborate with their target groups. These terms of service (the “Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.

1.2
These Terms govern all access to and use of the website www.panelista.com, as well as all content, products and services available at or through the digital product Panelista (collectively, “the Services”), and always apply between Propel and all users of the Services (“You” or the “User”). These Terms also govern the User’s access to and use of any panels hosted through the Services that are operated by other Users.

1.3
By using, creating an account and/or by logging onto the Services (whether directly or indirectly), You accept and agree to the Terms and to Propel’s Privacy Policy and Cookie Policy. Propel reserves the right to, without liability, at any time, amend, add or remove parts of these Terms, without first obtaining the User’s approval. It is Your own responsibility to stay informed of any update of the Terms each time You use the Service. Your continued use of the Service after changes have been made in the Terms means that You accept and agree to those changes. You understand and agree that as a User of the Services You remain bound by and shall adhere to the Terms even though You may be contractually licensed to use the Services under a separate confirmed order or license agreement by and between the legal entity You represent (“Your Company”) and Propel.

2. USER RESPONSIBILITIES AND WARRANTIES

2.1
The User undertakes to comply with the at all times applicable instructions, technical specifications and other regulations that Propel provides for the use of the Services.

2.2
The User warrants that he/she will not use the Services for any purpose contrary to the Terms or to applicable law. In the event of abuse of the Services, the User shall compensate Propel for any damage that occurs in relation to the abuse. The User shall also indemnify, and hold Propel harmless for any damage that the User causes Propel by using the Services in violation of the Terms.

2.3
The User is personally responsible for all documents and activities carried out by him or her within the scope of the Services. The User therefore warrants that the User’s use of the Services:

  • Will not infringe or misappropriate the intellectual property rights of any third party;
  • Will not overburden the systems of the Services, as determined by Propel at its sole discretion;
  • Will not disclose sensitive personal information of others;
  • Will not be used to send spam or bulk unsolicited messages;
  • Will not interfere with, disrupt, or attack any service or network; and
  • Will not be used to create, distribute, or enable material that is - or that facilitates or operates in conjunction with - malware, spyware, adware, or other malicious programs or code.

3. CONTENT

3.1
Propel has not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to the Services by Users or anyone else (“Content”) and is not responsible for any use or effects of such Content. For example:

  • We do not endorse any Content or warrant that any Content is accurate, useful, or non-harmful. Content could be offensive, indecent or objectionable; include technical inaccuracies, typographical mistakes or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
  • If You post Content or otherwise make (or allow any third party to make) Content available through the Services, You are entirely responsible for the Content, and any harm resulting from, that Content or Your conduct.
  • We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If You access or use any Content, You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, trojan horses, and other harmful or destructive content.

3.2
Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.

3.3
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, the Services. For example:

  • We do not have any control over those websites and are not responsible for their contents or their use.
  • The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
  • You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, trojan horses, and other harmful or destructive content.
  • We disclaim any responsibility for any harm resulting from non-Propel websites.

4. SPECIFIC SERVICE TERMS

4.1 Panelista Panels and Accounts

The Services enable You to create a home for engaged people by inviting them to a panel where You are able to run activities with them. You own all content You post to Your panel. However, be responsible in what You publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear in Your panel.

4.2 Web Traffic.

Propel uses a third party, Google Analytics by Google (“Google Analytics”), to measure the Services’ audience and usage. By hosting Your panel through the Services, You agree to Propel doing so.

4.3 Attribution.

Propel reserves the right to display attribution text or links in Your panel footer or toolbar, attributing Panelista or Propel, for example. Some of these attributions may not be altered or removed.

4.4 Personal Data

Propel processes the User's personal data in accordance with regulation (EU) 2016/679 of the European parliament and of the council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing directive 95/46/EC and the Swedish law (2018: 218) with supplementary provisions to the EU data protection regulation (jointly referred to as “GDPR”). For more information regarding Propel’s personal data processing, please refer to Propel’s privacy policy.

5. USER ACCOUNT

5.1
You are responsible for maintaining the confidentiality of, and protecting Your account information, including passwords. You are responsible for all activity on Your account. You shall immediately notify Propel on suspicion of unauthorized use or attempted unauthorized use of Your account or Your code, or other security breach and take measures to limit such third party’s access to the Services. You accept that Propel is not responsible for any unauthorized access to and abuse of the Services and for any consequences thereof, which are the result of Your negligence.

5.2
You agree that You will provide accurate, current and complete information about Yourself within any account information registered in the Services. You shall keep all Your account information accurately updated by following the procedures provided by the Service. You may not use any automated device, program, algorithm, method, or any similar manual process, to access, acquire, copy, probe, load-test, index, manipulate, test or monitor any portion of the Service or any content, or to in any way reproduce or circumvent the Service’s structure or presentation, or to attempt to obtain any materials, documents or information through any means other than the infrastructure created and/or made available by Propel to that end. You agree that You will not perform any action that exposes the Service’s infrastructure or subject any systems or networks that are part of or affiliated with the Service, to an excessive burden.

5.3
Restrictions for normal use apply as per the price plans published on Panelista, except in the event You/Your company has a separate valid license agreement with Propel – or with an authorized reseller of the Services (“Reseller”) – which includes price plans with other conditions about normal use.

5.4
You agree that Propel at any time, without notice, may freeze Your account in the Service or otherwise stop Your access to the Service for (1) an alleged breach of the Terms, (2) our attempts to address safety in the software or to protect the contents, (3) a modification of the Service, (4) an unexpected operational interruptions or problems, (5) a delayed payment, (6) a malicious breach of any applicable limits of normal usage, (7) an explicit action requested from any legal authority or other government authorities. You agree that Propel also is entitled to, with a week’s notice, terminate Your account for (1) clear violations of the Terms, or (2) an explicit action request from any legal authority or other government authorities. Propel will not be liable to You or any third party due to Your account in the Service being frozen or terminated in accordance herewith.

6. CHANGES IN THE SERVICES AND SHUTDOWN

6.1
Propel is entitled at any time, without prior notice, to change the design of the Services and its functions, as well as how the Services are provided. Propel also has the right to implement updates, develop, improve and modify the Services to such an extent as Propel deems necessary or appropriate. Such changes may result in some of the Services' functions being changed, terminated or added. Propel also has the right to at any time shut down the Services permanently.

7. INTELLECTUAL PROPERTY RIGHTS

7.1
Propel is the sole owner of all rights, including intellectual property rights to the Services, including but not limited to rights concerning trademarks, trade names, design, text, software, etc., except for certain rights owned by Propel’s licensors. Nothing in the Terms shall be construed as if any of these rights being wholly or partly transferred to the User. Any copying, modification, transfer, licensing and/or other use of the Services other than allowed under the Terms is prohibited.

7.2
The User understands that the unauthorized use of Propels intellectual property rights constitutes a breach of contract and may constitute a criminal action. Propel has the right to take legal action against the User in the event of such unauthorized use of Propel intellectual property rights.

8. COMMUNICATION

8.1
The User agrees that all communication between the parties, including but not limited to confirmations, reminders, terminations, notices and other information in connection with the Services and/or the Terms, shall be sent electronically by email between the parties or such other means as Propel specifies in the Services or otherwise.

8.2
The User undertakes to state the current and valid email address to which the User wishes the communication be sent when registering the user account. The User further undertakes to immediately notify Propel of updated contact information.

9. LIMITATION OF LIABILITY

9.1
The Services are provided “as is”. Propel and its suppliers and licensors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Propel, nor its suppliers and licensors, make any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that You download from, or otherwise obtain content or services through, our Services at Your own discretion and risk.

9.2
Propel is not responsible for the communication that takes place between Users, for information that the User documents or the User's actions or conduct in general. Propel is not responsible for interruptions or errors caused by third party systems and cannot be held liable for damages that are caused by a loss of information for the User.

9.3
The User's right to compensation for damages according to the Terms shall under all circumstances be limited to direct damages and to SEK 1 000. The limitation of liability also applies in relation to the User's possible liability towards third parties. The User's request for compensation in accordance with the Terms must be made to Propel within a reasonable time from the time the damage was discovered or should have been discovered (normally within 30 days). The User is not entitled to any other remedies or remunerations than those stated in these Terms.

9.4
With the exception of events where Propel or the User has acted grossly negligently or intentionally, such party shall be exempt from liability for breach of the Terms and/or sanction as a result of failure to fulfill obligations under the Terms due to circumstance that hinder or significantly impede or delay performance. Such a circumstance is, for example, war, terrorist attack, authority regulation, action or omission, labor market conflict (even where the breaching party does not itself participate in the conflict), blockade, fire, restrictions on energy supply, flood or other natural disaster or accident of greater magnitude or other circumstances outside of the breaching party’s control, which the breaching party reasonably could not have foreseen and the consequences of which the breaching party could not have reasonably avoided or overcome. A party wishing to invoke such a force majeure condition shall without delay inform the counterparty in writing of the occurrence or cessation of the force majeure condition.

10. ASSIGNMENT

10.1
The User is not entitled to transfer all or part of his or her rights or obligations under the Terms to another party. However, Propel always has the right to assign its rights and obligations to another company.

11. APPLICABLE LAW

11.1
Swedish law shall apply to the Terms.

11.2
Disputes arising in connection with the Terms shall, as a starting point, be resolved by agreement. If the parties cannot reach such an agreement within a reasonable time, the dispute shall be settled in general court, with the Gothenburg District Court (Sw: Göteborgs tingsrätt) as the first instance.