By visiting www.sofainsider.com (Website) operated by UAB Gooliver (We, or Us, or UAB Gooliver) and/ or purchasing and using services listed on the Website (Services), you, the user (Company, or You), agree to be bound by the following terms and conditions (Terms and Conditions), including any additional policies referenced herein, as well as all applicable laws and regulations. If you are accepting the Terms and Conditions on behalf of a legal entity (act as a Company representative), you also represent and warrant that you have the authority to bind that entity to the terms of these Terms and Conditions and that you agree to the Terms and Conditions on the entity’s behalf.
Please read the Terms and Conditions carefully before accessing or using the Website or our Services. In order to access the Website and Services, you are requested to accept and confirm the Terms and Conditions. If you do not agree with the Terms and Conditions, then you may not access the Website or use our Service.
The following terms are defined in these Terms and Conditions:
Account shall mean a digital account created on the Website with unique identification information which allows access to the Sofainsider platform to use Services.
Additional services shall mean additional services requested by the Company from UAB Gooliver by way of a separate agreement which are outside the scope of Services provided in the Platform.
Audience and Filters shall mean a selected number of individuals required to participate in the Research and targeting criteria applied to define their demographics.
Company, or You shall mean a legal person whose representative registers to Sofainsider with a Company Account with the intent to purchase Sofainsider Services to perform a Research on behalf of the legal person.
Company representative shall mean a representative of a legal person who registers to Sofainsider with a Company Account with the intent to purchase Sofainsider Services to perform a Research on behalf of the legal person.
Credits shall mean virtual Sofainsider credits earned by individuals in exchange for their participation in a Research.
Database shall mean a proprietary database owned by UAB Gooliver, which consists of Insiders profile data which they submit to Sofainsider on a voluntary basis.
Feedback shall mean creative ideas, suggestions, proposals, comments, or other materials about the Website or Platform provided by you to us.
Insider, or User, or Individual shall mean an individual who registers to Sofainsider with an Insider Account with the intent to earn credits by participating in Research and answering questions from their perspective.
Insights report shall mean a final result of a Company’s Research prepared by UAB Gooliver.
Research shall mean a study performed by a Company where it seeks to gather feedback from individuals on their products and services before proceeding to launch or improve such products and services.
Services shall mean a performance of a Research using Sofainsider platform to create Research questionnaire and recruit individuals (Insiders) and reward them with Credits for their participation in the Research.
Sofainsider, or Platform shall mean an online platform under the name of Sofainsider accessible at Website and operated by UAB Gooliver.
We, or Us, or Gooliver shall mean UAB Gooliver, a private limited liability company, established and operating under the laws of the Republic of Lithuania, legal entity code 305426380, address of registered office at Lvivo g. 25-702, LT-09320 Vilnius, Lithuania, doing business as Sofainsider.
Terms and Conditions shall mean these Terms and Conditions of using the Services available on the Website.
Website shall mean a website accessible at www.sofainsider.com.
UAB Gooliver operates an online platform called Sofainsider (Sofainsider, or Platform) accessible at Website that provides companies with the tools to create and conduct research with individuals in order to gather feedback on their products and services before proceeding to launch or improve such products and services (Research).
In order to use our Services, Company representative registers to Sofainsider and creates an account on the Website (Account).
Individuals may register and create Account as members of Sofainsider panel community (Insider), in order to participate in a Research to provide feedback on Company’s products or services available to be reviewed on the Website in exchange for Sofainsider credits (Credits). Once an collects a specified minimum amount of Credits, the Credits could be exchanged for money or donated to a charity of their choice.
The Company sets a number of Insiders they request to involve in a Research and targeting criteria (Audience and Filters) and based on that Sofainsider sends invitations to individuals who meet the Audience and Filters requirements set by the Company. If individuals receive an invitation, they may have an opportunity to participate in a Research if there are available spots. They are not obliged to accept the invitation.
In order to identify eligible Insiders whose profile meets the Audience and Filters requirements, Sofainsider has built and operates its proprietary database (Database), which consists of Insiders profile data submitted to Sofainsider on a voluntary basis.
Sofainsider distributes the invites and Research questionnaire created by the Company, collects their answers from selected Insiders, performs analysis and provides the Company with final results (Insights report).
Insights report consists of: (a) the Research questionnaire and anonymised responses to the questions; (b) anonymised and aggregated statistical and socio-demographic data based on the selected Audience and Filters; (c) additional information to complement the report.
Company may also source additional services from UAB Gooliver by way of a separate agreement (Additional services) to assist Company in preparing Research material, or provide other assistance related to the use of the Platform.
In order to access the Platform and use our Services, you will be required to complete the registration process and create a Company Account.
You are responsible to keep your Account details (such as login details and password) confidential as well as restrict access to your device so that any other individual may not access the Platform using your Account.
You are liable for all content posted by you and all activity on your Account, including purchases made using your Account and content posted by others who have logins or accounts associated with your Account. You shall immediately notify us of any unauthorised use of your Account or any breach of security.
Subject to the Terms and Conditions, we grant you a non-exclusive, non-transferrable, revocable, worldwide, fee-bearing licence to access and use the Platform and order Services solely for the purpose to conduct a Research for your internal business purposes.
In order to be entitled to use or continue to use our Services, you acknowledge and agree to the following conditions:
- You are at least 18 years of age.
- You are a representative of a Company you have indicated in the registration process and you have the authority to enter and perform obligations on behalf of a Company. The Services provided by Sofainsider are not available to any individual without the capacity to exercise legal rights or any Company disqualified from the Platform by UAB Gooliver for any reason whatsoever.
- By registering to Sofainsider you do not gain control over the Platform through which companies create and conduct Research and individuals participate in it.
- You will control your Account and protect the confidentiality of your Account information. You will restrict access to your device so that any other individual may not access the Platform using your Account. You shall immediately notify us for any unauthorised use of your Account or any breach of security.
- Individuals are invited to participate in your Research based on the Audience and Filters requirements set by you in the Platform.
- Once you have completed and submitted a Research questionnaire and determined Audience and Filters requirements that you target, you will not be allowed to make any changes on the questionnaire or the target criteria.
- Your submitted Research questionnaire will be reviewed by us and we have a right to either approve and launch or cancel the questionnaire. We have a right to cancel your Research if it does not correspond to Sofainsider rules or is inappropriate in any other way as determined by us.
- You will not use our Services to transmit content, including questionnaires created to perform the Research, that may:
- be unlawful, or encourage or support illegal activities;
- be defamatory, fraudulent, deceptive, racial, abusive, threatening, harassing, or pornographic;
- infringe intellectual property rights of others such as copyright, trademarks, trade secrets, patents or may harm the right of privacy or any other right of any party;
- infringe applicable legal acts, including data protection laws, laws on protection of minors;
- invade the privacy of others;
- compete with Sofainsider’s activity and interests.
- You will not misuse the Platform or insert files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property.
- You will not attempt to gain unauthorised access to the Platform or its related systems or networks.
- You will not engage in any fraudulent or deceptive activity while using Sofainsider or our Services, including any fraudulent or deceptive activity which aims at gaining direct or indirect profit, benefit, or advantage from any available Sofainsider reduced rates, incentives, offers, referral bonuses, or other benefits as set by us from time to time. Service misuse and/ or fraudulent/ deceptive activity, as defined above, includes (but is not limited to) acts of virtual impersonation of allegedly different account operators, use of external machines for purposes of false impersonation, taking advantage of possible bug or similar coding errors which may alter or misdirect calculation of due payments to Sofainsider and dissemination of identical surveys through multiple, allegedly unaffiliated, accounts with a view to make false representations of high user activity. Where such activity is detected by Sofainsider’s monitoring mechanisms, we may, at our own discretion, immediately block any further use of Sofainsider and/ or our Services, disable any fraudulent Account, recall all possible offers, benefits, reduced rates, and bonuses of which the perpetrator(s) may have taken advantage by means of the mentioned prohibited activity and request from perpetrator(s) to immediately compensate us for any caused damage, harm, or loss of profit.
- You are in compliance with the terms set in these Terms and Conditions.
- You will regularly review the Terms and Conditions in order to be informed about potential changes to the Terms and Conditions.
- You will comply with all data protection legislation applicable to you, including the General Data Protection Regulation regarding the processing of the results of a Research.
- You will not ask questions through the questionnaires about real identifiers or direct personally identifiable information of an individual (such as full name, address, phone number, email address, identity card number, driver’s licence number, passport number, credit/ debit card number and/ or any similar identifiers) which are able to lead directly to a real-life identity of an individual.
- You will not process individual’s personal data to allow any individual to be de-anonymized, i.e., associated or identified with real-life identifiers.
- You will not process any individual’s personal data for any direct marketing or promotional activity or influence their opinions or decisions.
- You will not process the individual’s personal data for automated individual decision-making including profiling which produces legal effects concerning the individuals or similarly significantly affects them.
- You will not copy, take screenshots or videos or otherwise share any part of the Platform (including any part, feature, function or user interface).
- You will not access or use the Platform in order to build a competitive product or service or to benchmark with another product or service.
6. Pricing and payment policy
Companies using Services provided through the Platform are charged per Insider response. The prices of Services are provided on the Website in Euros. Value added tax (VAT), if applicable, may be added to the fees mentioned on the Website, depending on your location. The price for Services must be prepaid before launching a Research.
We reserve the right, at our sole discretion, to review and change the pricing of our Services. New prices become valid after the change and we do not provide any returns or extra charges for prior purchases due to the price change.
Company may request from Sofainsider Additional services. In this case the scope and price of the Additional services shall be negotiated, agreed and concluded between the Company and UAB Gooliver representatives and a separate service agreement shall be signed.
All payments on the Website are made by bank transfer or credit or debit card payment. Payments are non-refundable. In order to secure the payments, Sofainsider collaborates with certified payment service providers operating according to the provisions of the applicable legislation. In order to execute the payment, you will be directed to a secure website facilitated by our trusted payment service providers where you will be asked to provide your payment data.
Sofainsider does not store your payment data. The payment service provider controls the payment process and the data provided by you and informs us of the approval or the rejection of the transaction. In case a transaction is rejected, irrespective of the reason of the rejection, you must ensure the payment, otherwise we are not able to provide you with our Services.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. All Services delivered to you through the Website are (except as expressly stated by us) provided “as is” for your use, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
8. Refund policy
Our Services are digital and available to purchase “as is”. Therefore Sofainsider does not offer refunds on any Services.
9. Ownership of data
9.1. Ownership of Research questionnaire
Either party (i.e. Company or UAB Gooliver) who creates a Research questionnaire for the purpose to perform a Research for the Company shall be an exclusive owner of the Research questionnaire data. Separate questions of the questionnaire shall not be considered as an intellectual property and does not belong to either party.
In case when a Research questionnaire is prepared by UAB Gooliver and UAB Gooliver is an exclusive owner of the Research questionnaire, UAB Gooliver grants to Company a perpetual, worldwide, non-revocable, non-exclusive licence to access and use the Research questionnaire data solely for the following purposes and under the following limitations:
- Company may access, store and process the Research questionnaire data, in order to perform the Research and its purpose.
- In no case (including cases under the points above) shall the Company share, disclose, divulge or make available the Research questionnaire data to third parties, except if requested to do so pursuant to a court order, or other governmental authority.
In case when a Research questionnaire is prepared by Company and Company is an exclusive owner of the Research questionnaire, Company grants to UAB Gooliver a perpetual, worldwide, non-revocable, non-exclusive licence to access and use the Research questionnaire data solely for the following purposes and under the following limitations:
- UAB Gooliver may access, store and process the Research questionnaire data, in order to monitor the Research process and provide its Services to the Company, including analysis and preparation of an Insights report.
- UAB Gooliver may access, store and process the Research questionnaire data for purposes of prevention and detection of illegal activity, fraud or network security incidents and for verifying Company’s compliance with the Terms and Conditions.
- In no case (including cases under the points above) shall UAB Gooliver share, disclose, divulge or make available the Research questionnaire data to third parties, except if requested to do so pursuant to a court order, or other governmental authority.
9.2. Ownership of Database
UAB Gooliver shall be an exclusive owner of all existing Sofainsider Database data. UAB Gooliver grants the Company a perpetual, worldwide, non-revocable, non-exclusive licence to access, store and process part of the anonymised Sofainsider Database data presented to the Company as part of the Insights report solely for the purpose to perform the Research.
9.3. Ownership of Research methodology, know-how and answers
UAB Gooliver shall be an exclusive owner of the Research methodology, answers provided by Insiders and know-how which are used to prepare Insights report to the Company.
Any general statistical and market insights derived by UAB Gooliver through the process of performing Research with Sofainsider and creating Insights report for the Company, shall be exclusively owned by UAB Gooliver and shall be used to improve its Services, enhance the Database and used for other purposes as deemed necessary by UAB Gooliver.
9.4. Ownership of Insights report
Company shall be an exclusive owner of the Insights report. Company grants to UAB Gooliver a perpetual, worldwide, non-revocable, non-exclusive licence to access and use the Insights report data solely for the following purposes and under the following limitations:
- UAB Gooliver may access, store and process the Insights report data, in order to provide its Services to the Company.
- UAB Gooliver may access, store and process the Insights report data for purposes of prevention and detection of illegal activity, fraud or network security incidents and for verifying Company’s compliance with the Terms and Conditions.
- In no case (including cases under the points above) shall UAB Gooliver share, disclose, divulge or make available the Insights report data to third parties, except if requested to do so pursuant to a court order, or other governmental authority.
Confidential information shall mean any proprietary information, including third party information (i.e. trade secrets, know-how, inventions materials, developments, software and other financial, business or technical information), disclosed, in relation to the Terms and Conditions, in whatever tangible form or medium, by one party (Disclosing party) to another party (Receiving party), irrespective of whether it is clearly marked as confidential (or with some other proprietary notice or not) and all information disclosed orally or otherwise in intangible form by the Disclosing party.
Confidential information shall not include any information that:
- Is or becomes generally available to the public without breach of the Terms and Conditions by the Receiving party.
- Has been independently developed by the Receiving Party without reliance on the Confidential Information.
- Is rightfully presented to the Receiving party without restriction by a third party and without breach of any obligation to the Disclosing party.
- Is disclosed by the Receiving Party with the prior written approval of the Disclosing Party.
To clarify, any contact data of Company employees or representatives provided voluntarily by the Company for the commercial, legal, technical or other communications under the Terms and Conditions, shall be treated by UAB Gooliver as Confidential information.
Further, the parties agree that while the terms of these Terms and Conditions are confidential, the existence of the Terms and Conditions and nature of the relationship between the parties is not confidential.
Disclosing party shall mean and refer to either party and all its associate companies, associates, employees, officers, servants, agents or professional advisors (including, without limitation, legal counsel, accountants, consultants, and financial advisors), acting on behalf of such party (Representatives), where and whenever such party discloses confidential information to the other party.
Receiving party shall mean and refer to either party and all its associate companies, associates, employees, officers, servants, agents or professional advisors (including, without limitation, legal counsel, accountants, consultants, and financial advisors), acting on behalf of the Receiving party (Representatives) where and whenever such party receives information from the other party.
10.2. Use of confidential information
Each party and its Representatives shall use reasonable care and will take all necessary organisational and technical measures to keep the other’s Confidential information secret.
Except for the specific rights granted by the Terms and Conditions, neither party shall possess, access, use, reproduce or disclose any of the other’s Confidential information without its prior written consent.
The Receiving party may disclose Confidential information only to its Representatives who have a need to know for the permitted purpose and who are bound to safeguard the Confidential information pursuant to obligations that are at least as protective as the restrictions in the Terms and Conditions. Each party shall be responsible for any breach of confidentiality by its Representatives.
The Receiving party shall ensure that anyone to whom the Receiving party discloses the information complies with the Terms and Conditions as if they were the Receiving Party and that, if needed, they enter into a Confidentiality Agreement with the Receiving party on terms no less protective than those contained in the Terms and Conditions.
In the event that the Receiving party is required by law, public authorities or court order to disclose any Confidential information to any third party, it shall use its best endeavours:
- To inform the Disclosing party of the full circumstances of the disclosure and the Confidential information to be disclosed.
- To consult with the Disclosing party with the aim of taking all possible steps to avoid or limit disclosure and taking those steps where they would not result in significant adverse consequences to the Disclosing party.
- To gain assurances in relation to confidentiality from the body to whom the information shall be disclosed.
- To limit the disclosure and provide only the absolutely necessary Confidential information as requested by the competent authorities, provided, however, that any such disclosed information will remain subject to the Terms and Conditions.
Promptly after any termination of the Terms and Conditions (or at the Disclosing party’s request at any other time), the Receiving party shall return all of the other’s tangible Confidential information, permanently erase all Confidential information from any storage media and destroy all information, records and materials developed therefrom.
The confidentiality obligations under this section shall survive for 5 years following any termination or expiration of the Terms and Conditions of any party, provided that confidentiality obligations with respect to Confidential information constituting trade secrets shall continue for as long as such Confidential information shall be eligible for trade secret protection.
10.3. Confidentiality of Research questionnaires
We understand that questionnaires distributed to conduct your Research may include sensitive or confidential information about the Company’s business and operations (e.g. launching of a new service as such information may be revealed through the content of a Research questionnaire), which the Company does not want to be made public or become accessible to competitors.
Each individual participating in a Research first must accept Insider Terms and Conditions, which include, among other things, provisions requiring them to keep the contents of each Research they participate in confidential.
However, we cannot guarantee that individuals who participate in a Research will treat such information as confidential and that they will desist from divulging or reproducing it. Therefore, in case your Research questionnaire may contain sensitive information you wish to protect from disclosing publicly, we advise you to draft your Research questionnaire accordingly (e.g. refraining from using any mark, name, logo or other sign which may identify your Company, or use an alternative name for the service related to your Research).
11. Intellectual property rights
All intellectual property rights, including, without limitation, software, logos, designs, visual graphics, know-how, databases, domain names, patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights in any jurisdiction, in any information, content, materials, data or processes contained in or to this Website belong to UAB Gooliver. All rights of the Sofainsider in such intellectual property rights are hereby reserved.
12. Limitation of liability
In no case shall we and any related persons and companies be liable for any direct, indirect, incidental, special, or consequential damages of any kind, including, but not limited to lost profit, lost revenue, lost savings, loss of data, replacement costs, or any similar damages or any comments or complaints from any third-party, arising from your use of any Services procured using the Website and Platform.
You hereby indemnify and hold UAB Gooliver harmless and agree to defend against any third party claim or action brought against UAB Gooliver or Sofainsider or any of its parent, subsidiary or affiliated companies, employees and representatives from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or in connection with any claim(s) regarding the:
- Breach of any warranty, representation, covenant or agreement made by you in these Terms and Conditions.
- Misuse of Website, Platform or Services.
- Violation of any third party rights.
- Violation of all and any applicable laws or regulations.
UAB Gooliver hereby indemnifies and holds you harmless and agrees to defend against any third party claim or action brought against you or any of your parent, subsidiary or affiliated companies, employees and representatives from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or in connection with any claim(s) regarding the:
- Breach of any warranty, representation, covenant or agreement made by Sofainsider in these Terms and Services.
- Infringement of any intellectual right of a third party.
- Violation of all and any applicable laws or regulations.
The indemnified party must:
- Promptly notify the indemnifying party in writing of any third-party claim (provided that a failure to promptly notify will not relieve the indemnifying party of its indemnification obligations, except to the extent it has been prejudiced by such failure).
- Reasonably cooperate with the indemnifying party in the defence of the matter.
- Give the indemnifying party primary control of the defence of the matter and negotiations for its settlement, at its own expenses.
The indemnified party may, at its own expense, join in the defence with counsel of its choice. The indemnifying party may not enter into a settlement unless it has obtained the written consent of the indemnified party.
You have no obligation to provide us with creative ideas, suggestions, proposals, comments, or other materials (Feedback). However, if you submit Feedback to us, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you forward to us without any compensation to you.
You agree that your Feedback will not violate any rights of any third-party and will not contain unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operations of the Services, Website or any related websites. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead anyone as to the origin of any Feedback. You are solely responsible for any Feedback you make and their accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
We may monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, or otherwise objectionable or violates any party’s intellectual property or the Terms and Conditions.
15. Third-party websites
Certain content, products and services available on the Website may include links to the third-party websites, whether affiliated with us or not. We are not liable for any risks related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party resources.
16. Accuracy of information
There may be information on the Website or in the Services that contains technical, typographical, or photographic errors. Therefore, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
The Terms and Conditions are effective unless and until terminated by either you or us. You may terminate the Terms and Conditions at any time by deleting your Account or notifying us in writing that you no longer wish to use our Services.
We reserve the right to terminate the Terms and Conditions at any time with 30 days prior notice. In case of breach of the Terms and Conditions by the Company, we can immediately terminate the Terms and Conditions without notice. In such case, you will remain liable for all amounts due up to and including the date of termination and/ or accordingly we may deny you access to our Services (or any part thereof).
The rights, duties and responsibilities of both parties shall continue in full force and effect until the effective date of any termination or expiration of the Terms and Conditions, as applicable. Upon termination or expiration of the Terms and Conditions:
- Company will pay UAB Gooliver any undisputed fees for our Services delivered prior to the effective date of any termination or expiration of the Terms and Conditions.
- UAB Gooliver shall immediately deliver to the Company all due Insights reports.
- Company shall desist from any further use of the Services.
- At each party’s request, the other party shall be obliged at its own expense to return to the other party any confidential information of such party.
19. Law and jurisdiction
The Terms and Conditions and any separate agreements whereby we provide you Services are governed by and construed in accordance with the law of the Republic of Lithuania.
20. Entire agreement
Any ambiguities in the interpretation of the Terms and Conditions shall not be construed against the drafting party. The failure of us to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
21. Language of Terms and Conditions
The Terms and Conditions is drafted in Lithuanian and translated into English. In the event of disputes or claims of linguistic nature or concerning interpretation, the version of Terms and Conditions in Lithuanian shall prevail.
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to revise any part of the Terms and Conditions at any time. The updated version of the Terms and Conditions will be effective as soon as it is accessible. You may be informed of any critical changes.
23. Contact us
If you have any questions about our Terms and Conditions, you can contact us at email@example.com.
LAST UPDATED ON 30 NOVEMBER 2022