Date Published: 06 Nov 2024
These Terms and Conditions (“Terms”) govern the use of services provided by Bolt Insight Limited (“Bolt”, “we”, “our”, or “us”). By using our services, you (“Client”, “you”, or “your”) agree to these Terms.
- Definitions
- Agreement: These Terms and any associated Order Forms.
- Client: The legal entity or individual entering into this Agreement.
- Order Form: Document specifying purchased services and fees.
- Services: Our AI-powered qualitative research platform and related services.
- Effective Date: Date of execution of the first Order Form or first use of the Services.
- Confidential Information: Non-public information disclosed by either party.
- Service Description
We provide an AI-powered qualitative research platform (“Platform”) designed for market research purposes. Clients use the Platform to:
- Define their qualitative research requirements and project objectives.
- Have our AI moderators select appropriate consumer participants for in-depth interviews.
- Access comprehensive, actionable summaries of key insights and findings from these interviews to support informed decision-making.
- Order Process
Each project or purchase of Services requires an Order Form signed by both parties. In case of conflict, Order Forms take precedence over these Terms.
- Service Levels
We will use reasonable efforts to maintain 99% uptime availability for the Platform, excluding scheduled maintenance and events beyond our control. Technical support is available Monday to Friday, 9am–5pm GMT.
- Subscription Terms
Subscriptions are billed annually or as otherwise stated in the Order Form. Subscription fees are non-refundable except as required by law.
- Payment Terms
You agree to provide valid payment details. If automatic payment fails, you will be manually invoiced and must pay within the specified period.
- Confidentiality
Both parties agree to protect each other’s Confidential Information and not disclose it to third parties without consent, except to authorised personnel bound by similar obligations.
- Warranties
We warrant that we have the right to provide the Services and that the Services will substantially conform to their documentation. All other warranties are excluded to the maximum extent permitted by law.
- Limitation of Liability
Our liability to you is limited to the total fees you paid in the twelve (12) months preceding the claim. This does not limit liability for death, personal injury, fraud, or other liabilities that cannot be limited by law.
- Indemnity
We will indemnify you against claims that the Services infringe third-party intellectual property rights, provided you give prompt notice and cooperation.
- Force Majeure
Neither party is liable for delays or failures caused by circumstances beyond their control, including natural disasters, war, terrorism, strikes, pandemics, or governmental actions.
- Assignment
Neither party may assign these Terms without the prior written consent of the other party, except that we may assign these Terms to an affiliate or successor without your consent.
- Entire Agreement
These Terms and all related Order Forms constitute the entire agreement between us and supersede all prior agreements. Amendments must be in writing and signed by both parties.
- Audit Rights
You may audit our compliance with these Terms once per year with reasonable notice, provided that the audit does not unreasonably disrupt our operations and is at your expense.
- Termination
Either party may terminate these Terms for convenience with ninety (90) days’ prior written notice. All outstanding fees for Services provided up to termination must be paid.
- Data Protection
Both parties will comply with UK GDPR and applicable data protection laws. Each party acts as an independent data controller unless otherwise specified.
Each party agrees to:
- Only process personal data in compliance with applicable data protection laws.
- Inform individuals whose personal data is shared with the other party.
- Take appropriate measures to ensure the legality of data processing.
The parties acknowledge they Bolt may act as a data processor when you choose to use your respondent panels and add their data to our platform, or when you decide to create surveys where you ask the respondents to disclose personal data or to upload media files that may contain personal data.
- Governing Law
These Terms are governed by English law. The courts of England and Wales have exclusive jurisdiction over any disputes.
By using our Platform and services, you agree to these Terms. If you have any questions, please contact us at [email protected].
Data Processing Agreement
This Data Processing Agreement (hereinafter referred to as “DPA") has been executed by and between
“Bolt Insight Limited” having its registered office at Unit 217 Metal Box Factory, 30 Great Guildford Street, Southwark, London, SE1 0HS, United Kingdom
(“Bolt”, “we”)
and
You (“Customer”)
In this DPA, Bolt and the Customer shall be referred to as the "Party" individually and the "Parties" collectively.
Regarding the processing activities undertaken by the Parties as described in section 16, paragraph 2 of the Terms and Conditions, Bolt will act as a Processor, and you will act as a Controller.
- Where Bolt will process personal data (“Personal Data”) on behalf of the Customer, it shall act as a Processor for the Customer and undertakes to comply with the GDPR and these Clauses in accordance with and for the purposes of Article 28 of the GDPR, upon signing a Contract or creating and account with us and for the duration of the Contract.
- Bolt undertakes to carry out the Personal Data processing operations in accordance with the obligations imposed by the GDPR, these Clauses and the instructions subsequently issued by the Customer related to the use of the Platform. The Processor undertakes to immediately inform the Controller when, in its opinion, it considers that an instruction issued by the Controller violates the GDPR or other legal provisions of national or Union law on data protection to which Bolt is subject.
- The Controller's instructions are reflected in these clauses and the Terms and Conditions. Subsequent instructions may also be issued by the Controller during the processing of personal data, but they must always be documented and kept in writing, including in electronic form, and communicated in advance.
- The instructions shall include at least the following details of the processing:
-
- subject-matter: Performance by the Processor of the services covered by the Terms and Conditions;
- duration of the processing: Personal Data will be stored only as long as necessary for the performance of the services under the Terms and Conditions and for the duration for which the Customer us using the Platform unless there are deletion or return instructions from the Controller;
- nature and purpose of processing: Carrying out the necessary processing operations with regard to Personal Data in order to achieve the purposes pursued by the execution of the services under the Terms and Conditions;
- type of personal data: Depending on how the Customer decides to use the Platform, they may cover data in the following categories: general biographical data, and other categories of data specific to the services provided under the Terms and Conditions. The Customer is in full control over the types of personal data it may ask the respondents to provide.
- categories of data subjects : Depending on the actual service provided under the Terms and Conditions, they may target the following categories of data subjects: respondents.
- The Processor and any person acting under his/her authority who has access to personal data shall process them exclusively solely for the purpose of providing the Services under the Terms and Conditions , unless they are required to do so under a legal provision to which the Processor is subject to.
- If the Processor is required by a legal obligation to process personal data to which he has access in his capacity as a Processor of the Controller, it shall notify the Controller of this legal obligation without delay prior to the processing, unless such notification is prohibited by law for important reasons relating to the public interest.
- The Processor declares that it has designated its employees or collaborators who are authorized to carry out any operation relating to the processing of Personal Data only on a need-to-know basis for the purpose of providing the Service and in accordance with these clauses. In this respect, the Processor must ensure that these authorised persons are bound by confidentiality agreements or professional or legal obligations and that they are adequately trained on the principles and measures pertaining to the protection of Personal Data.
- The Processor shall take and maintain all security measures referred to in Article 32 of the GDPR, as well as any other appropriate preventive measure to avoid data processing that is not permitted or that is not in accordance with the purposes of the Terms and Conditions and the provisions of the GDPR.
- In the event of a personal data security breach affecting the data processed by the Processor for or on behalf of the Controller, the Processor shall take all necessary and appropriate corrective measures, immediately inform and cooperate with the Controller.
- The Processor shall assist the Controller in complying with the Controller's obligations relating to the handling of requests to exercise data subjects' rights, the security of personal data, namely those relating to data protection impact assessment and prior consultation, the handling of requests received from public authorities, including the supervisory authority, taking into account the nature of the processing and the information to which the Processor has access.
- The Processor will return all original documents and will delete or destroy all materials in any medium containing personal data, unless there is a legal obligation for the Processor to store that data. The Processor may continue to retain documents containing personal data where applicable law requires the storage of such personal data (for example, including, but not limited to, legal tax, financial and accounting, archiving obligations).
- The Processor shall provide the Controller with all materials, documents or other information reasonable and necessary to enable the Controller to confirm that the Processor has acted in accordance with its data protection obligations under these Clauses.
- Only by way of exception and only to the extent that the materials, documents and information provided by the Processor to the Controller in accordance with the previous clause would not be sufficient to assess the compliance of the Processor with the data protection obligations under these Clauses, the Controller shall have the right to conduct an inspection at the premises of the Processor. The request for such an inspection shall be communicated to the Processor by the Controller at least 30 days prior to the inspection.
- The Controller shall grant the Processor a general written authorization to engage subcontractors. The list of sub-processors, as well as any subsequent changes to the list, shall be communicated by the Processor to the Data Controller. Before such disclosure the Processor shall enter into a valid and enforceable written contract with such sub-processors, which shall include terms that (i) are substantially identical to the obligations applicable to personal data as set out in these clauses, (ii) require that such sub-authors comply with the terms and conditions of these clauses with respect to the processing of personal data.
- The Processor hereby declares that the sub-processors will process personal data in Member States of the European Union and the European Economic Area or in countries that ensure adequate protection of personal data in accordance with the European Commission's adequacy decisions in force at the date of signing this Agreement. If the sub-processors intend to process personal data in countries that are not considered adequate by the European Commission, the Processor shall ensure that the sub-processor enters into the standard contractual clauses as defined by the ICO/European Commission's decision in force and as applicable at the date of signing this Contract.
Terms of Use
These Terms of Use ("Terms") establish the agreement between Bolt Insight Limited, including its affiliates (collectively, "Bolt"), and you, the research respondent ("you," "your," or "Respondent"), regarding your participation in any survey or research study hosted by Bolt ("Research"). By participating, you expressly agree to these Terms. Please read them carefully before engaging in any Research activities.
1. Acceptance of Terms
These Terms, along with the Bolt Privacy Policy (incorporated by reference), govern your participation in Research. Additional disclosures or disclaimers presented to you in connection with Research activities, including email communications, are also considered part of these Terms. Participation is voluntary, and if you do not agree with these Terms, you should discontinue your participation immediately.
2. Nature of Participation
Your participation in Research is strictly as an independent party. These Terms do not create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between you and Bolt. You retain full control over your participation and exercise your own independent judgment and discretion.
3. Responsibilities and Prohibited Activities
As a Respondent, you are expected to adhere to the following guidelines and conduct yourself responsibly during your participation in any Research activities. Your responsibilities include, but are not limited to, the following:
3.1 General Responsibilities
• Accuracy and Honesty: Provide accurate and truthful information when answering survey questions, providing feedback, or participating in discussions. Misrepresentation or providing false information may lead to disqualification from the Research and forfeiture of any incentives.
• Confidentiality: Maintain the confidentiality of any proprietary information, research questions, or materials you are exposed to. You must not share, discuss, or disclose any details of the Research with third parties.
• Respectful Conduct: Engage respectfully with any representatives, moderators, or other participants involved in the Research. Abusive, offensive, or inappropriate behavior will not be tolerated.
3.2 Prohibited Activities
You agree that you will not engage in the following activities while participating in Research:
o Do not collect, transmit, or share any personal data of third parties (e.g., names, contact details, or sensitive information) without their prior explicit consent and information about such disclosure.
o Do not share any content or information that is irrelevant to the Research topic or not directly requested by Bolt.
o Minimise the amount of personal information you provide in the media files you choose to upload during the Research.
o Do not collect or share information about minors (under 18 years old) or other vulnerable individuals without prior written approval from Bolt, even if related to the Research.
o Do not use web crawlers, spiders, bots, or other automated tools or technologies to access, collect, or download information from the Research platform or related services. Unauthorized data scraping or extraction is strictly prohibited.
o Do not attempt to interfere with or disrupt the proper functioning of the Research, including attempting to manipulate survey results, tampering with survey links, or engaging in any other conduct that could undermine the integrity of the Research process.
o Avoid attempting to gain unauthorized access to any systems, data, or networks associated with Bolt’s Research activities.
o Do not upload, share, or distribute any content that contains viruses, malware, spyware, or any other harmful, disruptive, or destructive code or software.
o Avoid sending or transmitting any information that could damage, disable, or otherwise compromise Bolt’s systems or the Research platform.
o Do not share or post any threatening, harassing, defamatory, obscene, or otherwise inappropriate content. This includes, but is not limited to, material that is vulgar, lewd, scandalous, or inflammatory.
o Refrain from any conduct that could be considered discriminatory, abusive, or in violation of applicable laws, including but not limited to hate speech, harassment, or bullying.
o Do not impersonate any person or entity, or falsely claim affiliation with any individual, group, or organization, including Bolt or its clients.
o Avoid using fake identities or masking your true identity to participate in Research. Misrepresentation will result in immediate disqualification.
o Do not attempt to reverse-engineer, decompile, or disassemble any aspect of the Research platform, software, or systems.
o Do not bypass, disable, or circumvent any security features or measures put in place to protect the Research platform and its content. Any attempt to hack, crack, or otherwise compromise security will be treated as a violation of these Terms.
o Do not encourage, advise, or participate in any illegal activities, including actions that violate local, national, or international laws, regulations, or standards.
o Avoid engaging in conduct that infringes on the intellectual property, privacy, or publicity rights of third parties. Unauthorized distribution or use of copyrighted materials, trademarks, or confidential information is strictly prohibited.
o You are strictly prohibited from using, sharing, or disclosing any trade secrets, proprietary information, or confidential materials provided during Research . Unauthorized use, duplication, or distribution of such materials is considered a serious breach of these Terms.
By adhering to these responsibilities and avoiding prohibited activities, you help ensure the integrity and success of the Research process. Violations of these guidelines may result in the immediate termination of your participation, forfeiture of any incentives, and potential legal action.
4. Incentives
You may be eligible for monetary or other incentives in exchange for participating in Research. Incentives are provided based on your feedback and insights, not on the time spent. By accepting an incentive, you acknowledge that it represents fair compensation for your participation.
5. Intellectual Property and Confidentiality
All content, materials, text, images, videos, graphics, trademarks, and other elements provided during the Research are the exclusive property of Bolt, its licensors, or clients. You agree not to reproduce, distribute, or modify any content. You must treat all information accessed during Research as confidential and are prohibited from disclosing or using such information outside the context of your participation.
If you become aware of any unauthorized use or disclosure of confidential information, you must notify Bolt immediately.
6. Limitation of Liability
To the fullest extent permitted by law, Bolt, its clients, and licensors will not be liable for any direct, indirect, incidental, or consequential damages arising from your participation in Research. Should liability arise, it will be limited to the maximum amount paid to you for participation during the preceding 12 months.
7. Changes to Terms
Bolt reserves the right to amend these Terms at any time. Changes will take effect upon posting, and participants are encouraged to review the Terms regularly to stay informed.
8. Legal Compliance
You agree to comply with all applicable laws, regulations, and standards when participating in Research. Failure to do so may result in the termination of your participation and other legal consequences.
9. Indemnification
You agree to indemnify and hold Bolt, its affiliates, and their respective directors, officers, employees, and agents harmless from any claims, damages, or expenses arising from your breach of these Terms, your unlawful conduct, or your negligence.
10. Governing Law and Dispute Resolution
These Terms will be governed by the laws of the United Kingdom. Any disputes shall be resolved through arbitration or litigation in London, United Kingdom, unless otherwise agreed by the parties.
11. Miscellaneous Provisions
• No Assignment: Rights and obligations under these Terms may not be transferred without written consent, except in cases of significant organizational changes.
• Severability: If any part of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in effect.
• Non-Waiver: Bolt's failure to enforce any provision does not constitute a waiver of that provision or any other part of these Terms.
• Privacy Policy: Before submitting any personal data to Bolt, please check the latest version of the Privacy Policy available on our website.
By participating in Bolt’s Research, you confirm that you have read, understood, and agree to abide by these Terms.