Welcome to Q360 Insights. By accessing or using our software platform or engaging us for professional consulting services, you agree to be bound by these Terms and Conditions. We may update these Terms from time to time; continued use of the Service constitutes your acceptance of those changes. You must be at least 18 years of age and legally capable of entering into a binding contract to use the Services.
Definitions
- "Service" or "Platform" refers to the Q360 Insights software, AI research tools, and website.
- "Client", "You", or "User" refers to the individual or entity using the Service or purchasing Professional Services.
- "Professional Services" refers to custom research, consulting, or participant recruitment executed directly by the Q360 Insights team on behalf of a Client.
1. AI Usage and "Directional Insight" Limitation
Our services heavily utilize third-party AI models (such as Google Gemini) to assist with generating questions, moderating interviews, translating text, and analyzing data. You acknowledge and agree that:
- Q360 Insights provides directional insights and decision-support tools, not statistically definitive conclusions unless explicitly stated.
- AI-generated content may occasionally be inaccurate, incomplete, or biased. AI outputs do not constitute professional, legal, medical, or financial advice.
- You are solely responsible for reviewing and validating all AI-generated outputs before relying on them. In the event of translation discrepancies, the original source text governs.
- You are solely responsible for ensuring that your use of the Service, including data collection practices, complies with all applicable laws and regulations.
2. Data Ownership, Privacy, and Compliance
- Ownership: You retain full ownership of all raw data and project inputs you submit. Q360 Insights retains ownership of our proprietary AI tools, methodologies, platform code, and processes.
- Aggregated Data & Publicity: You grant Q360 Insights the right to use anonymized, highly aggregated data to improve our AI models and benchmark industry trends. Unless otherwise agreed in writing, we may identify you as a customer and use your name and logo in our marketing materials, unless you notify us otherwise in writing.
- Compliance Roles & Subprocessors: For the purposes of privacy frameworks like GDPR and CCPA, the Client acts as the "Data Controller" and Q360 Insights acts as the "Data Processor." You authorize us to engage third-party subprocessors (such as cloud hosting and AI providers) to process data on your behalf.
- Security: While we use reasonable security measures (including PII-redaction), no system is completely secure, and use of the Service is at your own risk. Do not enter private personally identifiable data.
3. Acceptable Use and Enforcement
You agree to use the Service in compliance with all applicable laws. You may not use the Service for unlawful, deceptive, or harmful purposes, collect legally protected sensitive data without authorization, or attempt to reverse-engineer the platform.
- Enforcement: Q360 Insights reserves the right to suspend or terminate accounts, remove content, or block usage with or without notice (depending on the severity of the violation) and without refund if we determine these terms have been violated.
4. Third-Party Services and Availability
The Service depends on third-party infrastructure (e.g., payment processors, AI APIs). We do not guarantee uninterrupted service or specific uptime. Q360 Insights is not liable for outages, errors, or policy changes caused by these third-party providers, nor for delays caused by force majeure events (natural disasters, network failures, etc.).
5. Mutual Confidentiality
Both parties agree to maintain the strict confidentiality of proprietary information, including the Client's research stimuli and internal data, as well as Q360 Insights' proprietary methodologies and pricing.
6. Limitation of Liability & Indemnification
- Disclaimer: The Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of accuracy, reliability, or fitness for a particular purpose.
- Liability Cap: To the fullest extent permitted by law, Q360 Insights shall not be liable for any indirect, incidental, consequential, or special damages. Our maximum cumulative liability is strictly capped at the total fees paid by you to Q360 Insights in the 12 months preceding the claim.
- Indemnification: You agree to indemnify Q360 Insights against claims or legal costs arising from your specific survey content, research execution, or violation of applicable laws.
7. General Provisions
- Assignment: You may not transfer or assign your account or these Terms to another party without our prior written consent.
- Governing Law: These Terms are governed by the laws of the State of Utah. Both parties agree to attempt resolution through mediation before pursuing legal action in Utah courts.
- Survival: Sections regarding IP ownership, liability limits, confidentiality, and indemnification shall survive the termination of this agreement.
- Service: Q360 Insights reserves the right to modify or discontinue features of the Service at any time.
8. Subscriptions, Credits, and Billing
All self-serve platform subscriptions, prepaid interview credits, overage calculations, and payment processing are governed by our separate Billing & Purchase Conditions in the addendum section below. By selecting a paid tier or launching a project, you agree to those incorporated terms. All fees are non-refundable except where explicitly required by law.
9. Cancellations, "Parked" Status, and Data Retention
- Parked/Canceled Accounts: You may cancel your subscription or downgrade to a "Parked" status at any time. The rules governing rollovers and reactivation are detailed in our Billing & Purchase Conditions.
- Data Retention & Deletion: Upon final account termination or extended payment failure, Q360 Insights will retain your data for a grace period of 30 days. After this window, data will be deleted from active systems, with residual copies removed from backups in the normal course of system rotation. It is your responsibility to export your data prior to termination. Data exports are provided in standard formats (e.g., CSV) as determined by Q360 Insights.
10. Consulting Scope and Deliverables Risk
- Scope: Services may include survey design, participant recruitment, and detailed reporting. Modifications to the scope must be in writing and may incur additional fees.
- Deliverables Risk: Research results are interpretive. Insights provided by our team are intended to support your business strategies but do not guarantee specific business outcomes, market performance, or financial success.
11. Participant Recruitment
If Q360 Insights manages recruitment, we partner with global sample providers. Recruitment timelines depend on audience incidence rates. All participant data is collected in compliance with privacy regulations.
12. Fees and Platform Access
- Payments: Custom project fees must be paid in full before services commence unless an alternative invoicing/ACH agreement is established in writing. Cancellations after work has commenced will result in forfeited payments to cover incurred costs.
- Access Window: Following project completion, the Client receives continuous access to their results through the Q360 Insights portal based on the specific plan’s subscription description, unless an alternative timeframe is specified.
1. Subscriptions, Billing, and Auto-Renewal
Q360 Insights offers subscription-based access to the Service. By selecting a paid plan (e.g., Essential, Pro, Premium), you agree to pay all applicable fees on a recurring basis (monthly or annual, as selected).
- Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle unless canceled prior to the renewal date. You authorize Q360 Insights to charge your payment method on file for each renewal term.
- Billing Timing: Charges are billed in advance of each billing cycle. All fees are due immediately upon billing.
- No Proration: Fees are not prorated for partial billing periods unless explicitly stated otherwise.
- Payment Processor: Payments are processed by a third-party provider (e.g., Stripe). By making a purchase, you agree to the applicable payment processor terms. Q360 Insights does not store full payment card details.
- Participant Recruitment and Incentives: Subscription fees do not include the cost of sourcing, recruiting, or compensating survey participants. Clients are solely responsible for procuring their own respondents and for paying any associated third-party panel fees, participant incentives, or gift cards.
2. Prepaid Credits and Usage-Based Charges
Subscription plans include a set number of prepaid interview credits per billing cycle.
- Completed Interview Definition: A “completed interview” means a respondent session that meets Q360 Insights’ system-defined completion criteria (such as reaching a defined endpoint or minimum response threshold). Determination of completion is made by Q360 Insights systems.
- Credit Usage: Each completed interview consumes one credit.
- Overages: If usage exceeds included credits, additional interviews will be automatically billed at your plan’s overage rate at the end of your billing cycle. To avoid overages, close surveys prior to reaching completed limits.
- No Automatic Pause: Data collection will not automatically stop when credits are exhausted. You are responsible for monitoring your survey limits, and closing before reaching completed limits.
- Rollover Credits: Unused prepaid credits roll over to the next billing cycle, subject to the limits defined by your specific subscription tier. Rollover limits are enforced at the moment of billing renewal.
- Authoritative Records: System-recorded usage data is deemed final and authoritative for billing purposes.
3. Paused / Parked Status
If you wish to retain access to your account and historical data without paying for an active data-collection subscription, you may downgrade to a "Parked" or "Paused" state.
- Account Access: You will retain read-only access to your past projects, results, and accumulated rollover credits.
- Restrictions: While Parked, you cannot launch new projects. Any active survey links will be immediately suspended and unable to collect new respondent data, unless you have remaining credits for your current billing cycle.
- Reactivation: To resume data collection or launch new projects, you must upgrade back to an active subscription tier. Unused rollover credits will be immediately available upon reactivation, depending upon your plan's rollover limits.
4. Cancellation and Termination
You may cancel your subscription at any time via your account dashboard or by contacting support.
- Effective Date: Cancellation takes effect immediately regarding subscription renewals. However, you will transition to a "Parked" state (as defined above) and may continue to use remaining prepaid credits for active projects.
- No Refunds for Partial Periods: Cancellation does not entitle you to refunds for unused time, partial months, or unused prepaid credits.
- Q360 Insights may suspend or terminate access without notice if you violate the main Terms and Conditions.
5. Data Retention and Deletion
Upon cancellation or termination, your account may be placed in a restricted or "Revoked" state. Data retention and deletion are governed by Section 9 of the Master Terms.
6. Refunds and Billing Disputes
All purchases, subscription fees, and usage-based charges are non-refundable, except where required by law or in cases of verified billing errors.
- Dispute Window: You must notify us of any billing dispute within 30 days of the charge date.
7. Failed Payments
If a payment fails, we may retry the charge and notify you. Accounts with outstanding balances may have features limited, including suspension of data collection and access restrictions, until payment is resolved.
8. Taxes
Fees do not include applicable taxes. You are responsible for all applicable taxes, excluding taxes based on our net income.
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