This website is operated by Neu Software LLC (“we”, “our” or “us”) and is available at userevaluation.com (“Site”). Where you create an account, or are invited by an account holder with a subscription (“Customer”) to create a user account as an end user (“User Account”), these User Terms of Service (“User Terms”) apply to you.
The User Terms describe your rights and responsibilities when using our online, AI-powered research product (“Services”): AI-moderated interviews with human participants (“Interviews”), software agents that use a Customer’s product (“Swarm”), and the analysis workspace that holds interviews, agent sessions, uploads and recordings and produces cited study reports from them (“Analysis”). If you are invited by a Customer to their account, you may use the Services in accordance with the Customer’s chosen plan.
As part of these User Terms, you agree to comply with the most recent version of our Acceptable Use Policy, which is incorporated by reference. If you access or use the Services, or continue to do so after being notified of a change to the User Terms or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by them.
1. Relationship
To the extent you are invited to create an account by or on behalf of a Customer, the Customer has separately agreed to our Master Subscription Agreement or entered into a written agreement with us (in either case, the “Contract”) that permitted the Customer to create and configure an account so that you and others could join. Each invitee granted access to the Services, including you, is an “Authorised User”. The Contract contains our commitment to deliver the Services to the Customer, who may then invite Authorised Users to join its account. When an Authorised User (including you) submits content or information to the Services, such as studies, files, uploads or notes (“Customer Data”), you acknowledge and agree that the Customer Data is owned by the Customer and that the Contract may give the Customer choices and control over it.
AS BETWEEN US AND CUSTOMER, YOU AGREE THAT IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORISED USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORISED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER DATA UNDER THE CONTRACT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORISED USER RELATING TO OR BASED ON CUSTOMER DATA, THE SERVICES OR CUSTOMER’S FAILURE TO FULFIL THESE OBLIGATIONS.
NEU SOFTWARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION THAT THE SERVICES COMPLY WITH THE LAWS (INCLUDING INTELLECTUAL PROPERTY LAWS) OF ANY COUNTRY OUTSIDE THE UNITED STATES, AND YOU AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK AND THAT WE ARE NOT RESPONSIBLE FOR ENSURING THAT THE SERVICES ARE COMPLIANT WITH THE LAWS, REGULATIONS OR OBLIGATIONS OF ANY PARTICULAR INDUSTRY, INCLUDING IN PARTICULAR THE HEALTHCARE INDUSTRY AND THE EDUCATION INDUSTRY.
2. Prohibited conduct
To the extent prohibited by applicable law, the Services are not intended for and must not be used by anyone under the age of eighteen. You represent that you are over the legal age and, to the extent you are an Authorised User, that you are the intended recipient of the Customer’s invitation to the Services. You may not access or use the Services for any purpose if either of those representations is not true.
You must not access or use the Services except as expressly permitted, and you must not (and must not permit any other person to) use the Services in any way that breaches applicable law or infringes any person’s rights, including intellectual property rights. To help ensure a safe and productive environment, all Authorised Users must comply with our Acceptable Use Policy and any applicable policies established by the Customer.
In particular, you must not:
- attempt to identify, contact, recruit or harass a participant outside the Services, or ask a participant for their contact details, identity documents or payment details;
- use an interview to collect information you are not permitted to collect, including from anyone under eighteen, or to solicit sensitive data that the study brief does not require;
- run Swarm agents on a product, website or service that you do not own or are not authorised to test, or use agents to overload, scrape, spam or attack any service;
- present output of the Services, including agent findings, as the words of a real person, or remove the labels that mark agent sessions as agents;
- upload content you do not have the right to upload, or use the Services to process recordings of people who have not consented to being recorded where consent is required.
3. Signing up
You are required to create an account to access the Services. You may sign up through the Site, through a third-party provider such as Google, or by using an invitation link provided to you by a Customer. You may be required to give us additional information about yourself in order to use the Services. You must ensure that any information you give us when creating an account, including personal information, is accurate and up to date.
Your account is personal and you must not share it, or your login details, with any other person. It is your responsibility to keep your login details confidential. At our sole discretion, we may refuse to allow any person to create an account. If you are an Authorised User invited to an account by a Customer, you will have the access to that account that the Customer has determined and granted to you. If you would like a different access level, contact the Customer.
These User Terms remain in effect until your subscription terminates. If you are an Authorised User, they remain in effect until the Customer’s subscription for you expires or terminates, or your access to the Services is terminated by the Customer or by us. Contact the Customer if you wish to terminate your account at any time or for any reason, including a disagreement with any update to these User Terms or the Acceptable Use Policy.
4. Free plan and trials
You may set up, or a Customer may invite you as an Authorised User to, a free account or a trial designed to let you evaluate the Services and make sure they are right for you. The free plan currently includes three interviews at no charge, with no payment card required. Any free allowance or trial period, and the features available during it, may change at any time without notice. We may terminate your account if we find you are misusing the Services during a free or trial period, including by creating multiple accounts to obtain additional free interviews.
5. Interviews and participants
When you run an Interview, we draft the study from your brief, and nothing is fielded until you have reviewed and approved the audience, the screener and the questions. By approving a study you confirm that its content is lawful, that you have the right to ask what it asks, and that you accept responsibility for it as Customer Data.
Participants are independent people whom we recruit, screen and pay. They are not our employees or yours. Participants take part under a consent notice that permits the recording and transcript to be delivered to you for research purposes and used within your workspace. You may not use recordings for any other purpose, including advertising or publication, without the participant’s separate consent.
We aim to deliver interviews and a study report within the times stated on the Site, but those times are targets, not guarantees. If you flag a session and we agree it is defective, we will replace it without charge; that replacement is your sole remedy for a defective session. We cannot guarantee that any particular person, or any particular number of people, will match your screener.
6. Agent users (Swarm)
Swarm’s features, limits and pricing may change. Agents are software, and are labelled as agents throughout the Services. Findings from agent sessions are marked as such and held at lower confidence until confirmed by humans; you are responsible for how you rely on them.
By running agents you authorise them to create accounts on, sign in to and use your product according to the brief you set, and you confirm that you own that product or have the authority to have it tested this way, that doing so does not breach any terms that apply to it, and that you have made any disclosures your own users or terms require. You are responsible for any cost, data or side effect that agent activity creates in your product and in any third-party service it connects to.
7. Fees, billing and refunds
Prices for the plans and for interviews are stated on the pricing page. Plans are billed monthly in advance and renew automatically until cancelled; interviews and agent users are billed as stated on the pricing page. Payments are processed by Stripe. Fees exclude taxes, which you are responsible for where they apply. We may change prices with reasonable notice; changes apply from your next billing period. If a payment fails we may suspend paid features until it is settled.
Refund policy
No refunds. All purchases are final and no refunds will be issued. By subscribing to or purchasing the Services, you acknowledge and agree that the payment is non-refundable. Cancelling a plan stops the next renewal; it does not refund the current period.
8. Limitation of liability
You acknowledge and agree that you use the Site and the Services at your own risk, and that their provision may be contingent on, or affected by, third parties, suppliers or other subcontractors (“Third Party Inputs”). Despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible and will have no liability for any event outside our reasonable control, or for any default or breach of these User Terms or any law where that default or breach was caused or contributed to by Third Party Inputs.
If we believe there is a violation of the Contract, the User Terms, the Acceptable Use Policy or any of our other policies that can simply be remedied by the Customer removing certain Customer Data or taking other action, we will in most cases ask the Customer to act rather than intervene. We may step in directly and take what we determine to be appropriate action (including disabling your account) if the Customer does not act or if we believe there is a credible risk of harm to us, the Services, Authorised Users, participants or any third party.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any liability caused or contributed to by, arising from or connected with (i) your acts or omissions; (ii) any use or application of the Services by a person other than you; (iii) any works, services, goods, materials or items which do not form part of the Services, or which have not been provided by us; (iv) the Services being unavailable, or any delay in us providing the Services to you, for whatever reason; and/or (v) any event outside our reasonable control.
IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. We own our Services
All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to the Services, the Site and all other materials, will at all times vest, or remain vested, in us. Customer Data remains the Customer’s. Unless otherwise expressly set out in these User Terms or agreed with us, you must not breach any copyright or intellectual property rights connected with the Services. This includes but is not limited to:
- copying or using, in whole or in part, any of our intellectual property;
- reproducing, retransmitting, distributing, disseminating, selling, publishing, broadcasting or circulating any of our intellectual property to any third party, including on social media;
- attempting to discover the source code or object code or underlying structures, ideas, know-how or algorithms of the Services, the data or the documentation;
- breaching any intellectual property rights connected with the Services, including altering or modifying any of our intellectual property;
- causing any of our intellectual property to be framed or embedded in another website without our permission;
- decompiling or reverse engineering, or attempting to decompile or reverse engineer, any software in the Services;
- undertaking or attempting to undertake any act which would otherwise constitute an infringement of our moral rights;
- transferring the Services to a third party or mirroring the Services on another server;
- creating derivative works from the Services;
- using the Services for competitive analysis or to build competitive products.
In any circumstances or unforeseen events that may affect the operations of Neu Software LLC or its product User Evaluation, the source code, proprietary software and intellectual property associated with User Evaluation remain the exclusive property of Neu Software LLC. These assets may not be accessed, copied, distributed or used by any third party without the express written consent of Neu Software LLC.
10. Survival
Sections 1, 2, 7, 8, 9, 11, 13 and 14, and all of the provisions of section 15, survive any termination or expiry of the User Terms.
11. Privacy policy
Our privacy policy states how we collect and use personal information relating to your use of the Services. Participants in interviews are also covered by the participant consent notice.
12. Indemnities
You will indemnify us and our personnel against all liability that we or any of our personnel may incur and which is caused or contributed to, directly or indirectly, by your breach of any intellectual property rights, applicable laws or these User Terms.
13. Miscellaneous
These User Terms, the Acceptable Use Policy and all other applicable terms, policies and documents incorporated or referred to herein constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous understandings and agreements, written or oral, regarding the Services. If any provision of these User Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions remain in full force and effect. Our failure to exercise or enforce any right or provision of these User Terms does not operate as a waiver of that right or provision.
These User Terms and all matters arising out of or relating to them, and any dispute between you and us, are governed by the laws of the State of Delaware and the applicable federal laws of the United States of America, without giving effect to any conflict-of-law principles that would apply the law of another jurisdiction. If you are located outside the United States, you agree to arbitrate in the United States and to submit to the personal jurisdiction of a court located in Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. Disputes
Each party agrees to use its best endeavours to resolve any dispute arising out of or relating to these User Terms by negotiation and mediation before resorting to an external dispute resolution process or commencing court proceedings. If the parties cannot resolve the dispute or agree on another way to resolve it, either party may refer it, by written notice to the other, to arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Once a dispute has been referred to the AAA, the parties agree to be bound by its decision. The seat of arbitration will be Delaware, United States. The language of the arbitration will be English. There will be one arbitrator. The costs of the arbitration will be shared equally between the parties. Nothing in this clause prevents a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
15. General
15.1 Severability
These User Terms will be enforced to the fullest extent permitted under applicable law. If any provision is held to be void, invalid, illegal or unenforceable, that provision (or that part of it) will be severed and the remaining provisions remain in effect.
15.2 Waiver
No failure or delay by either party in exercising any right under the User Terms, including the Acceptable Use Policy, constitutes a waiver of that right. No waiver is effective unless made in writing and signed by an authorised representative of the party deemed to have granted it.
15.3 Assignment
You may not assign any of your rights or delegate your obligations under these User Terms, including the Acceptable Use Policy, whether by operation of law or otherwise, without our prior written consent (not to be unreasonably withheld). We may assign these User Terms in their entirety, including all terms incorporated by reference, without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganisation or sale of all or substantially all of our assets.
15.4 Changes
We may amend these User Terms at any time by giving you reasonable notice or by posting an updated version on this page. Material revisions take effect on the date set out in our notice; all other changes take effect on the date we publish them. Using the Services after the effective date of a change constitutes acceptance of the revised terms.
15.5 Feedback
If you send us feedback or suggestions about the Services, there is a chance we will use them. You agree that we may use feedback in any manner we see fit, including to develop new features, and that no benefit will be due to you as a result.
15.6 Relationship
The User Terms are not intended to create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties, or between you and any participant.
15.7 Jurisdiction
Your use of the Services, and any dispute arising out of it, is subject to the laws of the State of Delaware and the applicable federal laws of the United States of America. These User Terms are governed by those laws and subject to the exclusive jurisdiction of the courts operating in Delaware.
15.8 Entire agreement
The User Terms contain the entire agreement between the parties and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter. To the extent of any conflict between these User Terms and any pages referenced in them, these User Terms prevail; provided that if there is a conflict between the Contract and the User Terms, the Contract prevails first, followed by these User Terms, and then by the pages referenced in them (for example, the privacy policy). The Customer is responsible for notifying Authorised Users of any such conflict, and until it does so the terms set out here are binding.
15.9 Contact
For questions and notices, email support@userevaluation.com.