Privacy Policy

PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THIS AGREEMENT AND ACCESSING, USING, AND/OR REGISTERING FOR AN ACCOUNT OR THE SERVICES (each as defined below).

Please read this STC carefully before you open an Account (as defined in Section 2(a) below) or start to use the Services (as defined in Section 1 below). By using opening an account or using the Services or by clicking to accept or agree to this STC, you accept and agree to be bound and abide by this STC, our Website ToU , our Privacy Policy, and our Cookie Notice (each of which is incorporated herein by reference) and all applicable laws and regulations. To the extent allowed under applicable law, you hereby waive any applicable rights to require or receive an original (non-electronic) signature or delivery of non-electronic records of this Agreement.

This STC governs the use of the services offered to customers through the Site consisting of (i) services to create, for your internal business purposes, online surveys/forms/applications/questionnaires (each a “Form”), (ii) the subsequent collection, storage, and related information management, and (iii) any other services as may be offered by us from time to time as described on the Site, including software, interfaces, documentation, technical support, and the features, functionality, and connectivity provided through the Platform (the “Services”). You will be solely responsible for all Forms you create, including without limitation, the accuracy and appropriateness of content appearing therein and the final tabulations and application of Respondent’s Data (as defined in Section 3(k) below).

2. Access to the Services; Account Creation

Services are offered to individuals and companies, either conducting business activities on their own or acting as consumers. For purposes of this STC, ‘consumer’ shall be interpreted as any individual or entity using the Services for a purpose other than to conduct a business or commercial activity. If you are creating an account for an a corporation, organization, or other entity (the “Organization”), you understand and agree that the Organization will be understood to be the owner of the Account and, hence, any contents created using the Services, and any data collected through the Services, will be understood to belong to the Organization, subject to the terms and conditions set forth herein or in the ToU. No other use of the Services not specified in this STC, including use by any other employees, agents, contractors, consultants, representatives, personnel, or other parties or individuals of or on behalf of your Organization or its affiliates or subsidiaries shall be permitted to use the Services or access the Account.

You also represent and warrant that you are not located in a country that is designated by an applicable government as a “terrorist supporting” country. If any applicable law, rule, or regulation prohibits you from accessing the Services, you may not access it.

If you are using the Services on behalf of an Organization, you represent and warrant that you can agree to this STC on behalf of your Organization and all references to “you” throughout this STC will include your Organization, jointly and severally with you personally. You should create a business Account, which will allow use of the Services under your Organization’s name. Note that you are obligated to obtain the number of Authorized Users that will access the Account and/or use the Services within your Organization.

If you create an Account, you will be able to opt for any of the Paid Subscriptions described in the Pricing section of Ara Medica. Among other functionalities, these Subscriptions enable you to manage shared workspaces with as many Authorized Users as you have selected in your Paid Subscriptions, by sending an invitation to collaborate with other Authorized Users of your Paid Subscription. The owner of the Paid Subscription will have limited admin rights to control contents created and manages from the rest of Authorized Users. It is your duty to make sure that the other Authorized Users understand the impact for their privacy and content ownership when accepting to be part of your Subscription, and you shall indemnify, defend, and hold us harmless of any costs or damages directly or indirectly related to these matters.

We may provide different Subscriptions offering different functionalities and features, and subject to different pricing conditions. Services definition may vary from time to time and further and more detailed information on the current features and functionalities of the Service is provided during the signup process.

Notwithstanding deletion of the Account, the Company may retain your data as reasonably necessary for compliance with applicable law or as otherwise set forth in our Privacy Notice. You agree that all information you provide to register for the Services or otherwise is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

Once an Account has been successfully created, our basic free Service (“Basic Subscription”) will be available and ready to use, subject to the terms of this STC. Note, however, that access to and use of certain functionalities and Services are only available to certain plans and may be subject to payment requirements. Subject to your compliance with this STC, the Company hereby grants to you limited, personal, non-exclusive, non-transferable, revocable right to access and use of the Basic Subscription, which shall remain in effect unless and until terminated by us or by you through “My Account” in accordance with the instructions you can find here .

Additionally, subject to your compliance with this STC and payment of the applicable Fee, the Company grants each Authorized User a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable right during the Subscription Period to access and use the applicable Service package in accordance with this STC and the applicable subscription terms (“Paid Subscription” collectively with a Basic Subscription, each a “Subscription”).

3. Use of your Account and Services, and Your Contents

Accounts are to be used by you and Authorized Users, and it is strictly forbidden to share or allow others to use it. You must keep credentials for your Account secured at all times. It is strictly forbidden to share credentials with any third parties other than Authorized Users, or to write them down for recovery purposes. You shall remain solely responsible for the activity arising out of any failure to keep your Account details confidential. Should you suspect that your Account or your credentials have been or are being used by a third party, or have been compromised, you must contact us immediately through our Ara Medica Contact Form. Otherwise, we may attribute all use of your Account to you, and you agree to be responsible for all activities that occur under your Account.

You must use your Account and the Services complying with law, public order, and any guidelines in our Help Center. Our Help Center includes the documentation and instructions to use our Services. In particular, but without limitation, you shall not:

For avoidance of doubt, you (or your Authorized Users) may carry out any action that enables the Services to interoperate and communicate with a given software program, provided that any such integration has been developed by means of the public APIs and related products and Services provided by us as part of our range of technical products for developer and integrator users. You understand that we do not control the use of any information collected by third parties to which you independently decided to integrate the Services to or to share data with via APIs —regardless of whether said collection of information took place in the past, is taking place in the present, or is intended to be carried out in the future. Therefore, you understand and agree that we shall not defend, indemnify, or hold you harmless for any costs or damages arising from those third-party actions and integrations. This paragraph does not override our obligations in respect of third-party providers we are engaging in the provision of the Services.

In the event that the authorized responses limits are reached (any such limit reached by either a normal submission to a form or via the usage of the partial submit point feature or so-called partial responses), we will not be required to collect, store, and/or process any response in excess of the applicable limits. You may opt to activate the ‘upgrade my plan’ feature as further described in Section 5 of the Payment Terms and Conditions.

You may decide to activate our authentication feature, a service fully owned by Okta, Inc. which enables the email address and passwords validation process used for purposes of logging into the Services. If you opt to use this feature, Okta, Inc.’s security, password, and other policies apply, and we strongly recommend you familiarize yourself with said policies and that you practice common sense in the administration of your user IDs and passwords.

You may be offered to take part in early access programs to use so-called alpha or beta versions of the Services (“Beta Services”). If you have agreed to participate in a Beta Service, you shall use such Service(s) solely for the stated purposes thereof and any other terms we set. Beta Services may not work in accordance with the documentation with which we may provide you or they may contain errors, defects, or bugs and may result in unexpected results, corruption or loss of data, or other unpredictable damage or loss, as you acknowledge and agree. Beta Services are not covered under any service level commitments under this STC, and, as an exception to the provisions in Sections 9, 10, and 11, we do not make any sort of representations or warranties and disclaim any liabilities regarding Beta Services. Beta Services may be discontinued at any time, for no reason and without prior notice, and nothing in this STC shall be construed as requiring us to release Beta Services as part of our regular Services.

The Site and the Services may include information, graphics, text, images, and other materials uploaded by other Account holders or third parties. Said materials are solely for your use in connection with the Site and Services, and their legality, accuracy, and completeness are the sole responsibility of the party that have uploaded them to or provided as part of the Site or the Services. Use of the materials may be subject to specific terms and conditions or license terms, and you are responsible to obtain any required licenses or authorizations, and to comply with any licenses or terms and conditions applicable to them.

Also, you may decide to use third parties to process the information you may collect through the Services (e.g. by using webhooks). In all those cases, you acknowledge and agree that those third parties are beyond our reasonable control and that we will not be liable for any damages arising from the use of said information by them, or if you decide to transfer information to those third parties by using non-secured means (e.g. non-https transfer protocols). We recommend that you carefully review any terms and conditions governing the use of those third parties’ services and any integration tools they may offer before you start using their services. Note that the use of said services may result in the transmission of any kind of information (either confidential or having a personal nature, among others) outside our platform, and third parties not related to us may subsequently be gaining access to, modifying, or even deleting said information. Please review our Privacy Notice for further information.

Please note that User Submissions are made publicly available to third parties. Please evaluate whether you want to share said content under those conditions before submitting them as part of the Services.

Notwithstanding Section 11 below, we may delete at any time any content that breaches this section, without prior notice and accepting no liability for any such deletion.

You acknowledge that to ensure compliance with legal obligations, prevent phishing or fraud, or when unlawful content is reported to us we may be required by third parties to review certain content submitted by you to determine whether it is illegal or whether it breaches this STC. We may at our sole discretion modify, prevent access to, delete, or refuse to display content that we believe violates the law or this STC. However, you acknowledge that we have no obligation to monitor or review any content submitted by you.

We do not claim ownership over any Respondent’s Data, and this STC does not grant us any licenses or rights to any Respondent’s Data, except as set forth in our Privacy Policy and as follows: You grant to us a worldwide, royalty free, fully sublicensable and transferable license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit Respondent’s Data solely for the limited purposes of providing and improving the Services (and, for clarification purposes and in the later case, on an aggregated basis).

You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of the Company in connection with the use of the Site, your Account, or the Services.

For further information on the terms and conditions that apply to the additional features and services that we have made available to you, please refer to Optional Features Specific Terms.

We offer the so-called Qualitative Insights feature as part of our product, aimed at offering quicker and deeper insights to data collected through your forms. Qualitative Insights are subject to its specific terms available here.

Fees are exclusive of any taxes, levies, customs fees, duties, or similar governmental assessments of any nature, including value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all applicable Taxes associated with your purchases, except for Taxes assessed against us based on net income. Should any payment for the Paid Subscription be subject to withholding tax by any government, you will be responsible for such Taxes and will reimburse us to the extent we are required to pay any such withholding Taxes.

Billing disputes must be initiated within thirty (30) days of purchase. Upon expiration of such 30-day period, you will not be entitled to dispute any fees paid or payable to us. The Parties will work together in good faith to resolve billing disputes. A pending billing dispute shall not exempt you from timely paying any undisputed amounts owed. Other than in accordance with the foregoing or otherwise expressly set forth in this STC, Fees paid are non-refundable.

Paid Subscriptions starts on the date you sign up for the Paid Subscription and pay the applicable Subscription Fee and shall automatically renew (together with any add-ons you may have decided to purchase) at the end of the applicable Subscription Period. Paid Subscriptions automatically renew for the same Subscription Period and we will automatically bill the then applicable Subscription Fee unless, prior to the end of the then current Subscription Period, you cancel the automatic renewal of your Paid Subscription through “My Account” section in accordance with the instructions found here . In any such cases, except if you decide to cancel your entire Account, the Paid Subscription will run for the entire Subscription Period, and at which time your Account will be downgraded to a Basic Subscription.

This section shall not prevent the rights you have as a consumer in connection with the cancellation of, or withdrawal from, your Account. For further information please refer to Section 7 below.

a) Termination or Suspension by the Company

We are entitled to suspend your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account, as well as when you fail to comply with this STC or other mandatory provisions by law. We shall have the right to modify, prevent access to, delete, or refuse to host, display, or make available those contents that are believed to violate the law or this STC, either by the way in which said contents are used as analyzed on their own or by the way they interoperate with other contents, entities, or people. Except for those cases in which the contents at issue could automatically trigger Company’s liability under applicable law or when it is necessary to act diligently to prevent harm to others, we will notify you in advance about its intention to act against said contents and give you reasonable time to respond and take any necessary actions. Upon occurrence of any of these, we will contact you and request you to remedy your breach of this STC.

We are entitled to terminate your Account in the event you fail to redress any STC breach in the non-extendable term of ten (10) calendar days from notification date. Additionally, your Account may be terminated in the event you substantially breach this STC, including without limitation any case in which the Account is used to commit fraud (e.g. to carry out phishing attacks) or wilfully addressed to breach the law. Account termination may result in data loss.

We are entitled to terminate your Account, without any further prior notice, in the event that you, as a free plan user, do not access your Account on any occasion for an uninterrupted period of 24 (twenty- four) months. The purpose of this termination is ensuring that only active users use the Site and, therefore, that the Site works in a fast and effective way. You can prevent this from happening by accessing at any given time to your Account, and the 24-month timeframe will restart.

Please note that in all these cases you may lose all the information stored in your information stored in your Account, such as surveys and responses.

You may terminate your Account at any time by using the account termination option found here . If you terminate your Account, you may still be able to access the Site, but you will not have access to the Services, features, and content that are available to Account holders. Please note that this may result in data loss.

If you object to any term or condition of this STC, or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services and cancel your Subscription. Upon termination of your Account, all licenses granted by the Company to you and your Organization (if applicable) under this STC shall be terminated and you and your Organization (if applicable) will lose all access to the Accounts and Services. We shall not be liable to you or your Organization or any third party for termination of your use of or access to the Account or Services, or any portion thereof.

We are not liable for social media or third-party platform contents, products, or services. We shall have no obligation to review their contents, services, or products. You shall review all terms of use, policies, and guidelines established from time to time in said social media or platforms, and you agree to be solely responsible and liable for any claims arising as a result of sharing or posting any content to or your activity in any social media or third-party platforms.

In addition to any other representations and warranties included in this STC, the Company and you each warrant and represent that we have the full power and authority to enter into this STC. In addition, you further warrant and represent that you will (i) use the Services in accordance with the provisions of this STC as well as any reasonable instructions delivered by us or by any of our authorized representatives from time to time; (ii) any contents or data used in connection with the Services will be uploaded, processed, or otherwise used and acquired having obtained any necessary approvals, authorizations or licenses, and complying with any applicable laws, rules, regulations, directives and governmental requirements in the field of privacy, intellectual property and/or image rights; and (iii) provide your reasonable cooperation in the event that we need any evidence to prove before competent authorities and/or courts about the satisfaction of the requirements or consents referred therein.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. WE DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, OR IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (II) THAT THE SERVICES AND THE SITE WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, ERROR-FREE, TIMELY, OR SECURE BASIS, WILL BE FREE BE ERROR-FREE OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THIS STC CANNOT SUPERSEDE AND, IN ANY SUCH CASES, OUR LIABILITY IS LIMITED IN ACCORDANCE WITH AND TO THE EXTENT PERMISSIBLE UNDER SAID LOCAL LAWS.

THE FOREGOING LIMITATION OF LIABILITY IS COMPLETE AND EXCLUSIVE, SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF CLAIMS, LOSSES, OR DAMAGES EXCEEDING SUCH LIMIT, AND SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF ANY OTHER REMEDIES WE POSSESS. THE LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND US.

Limitation and/or exclusion of liability and warranties may be limited in certain jurisdictions. To the extent that the limitations and exclusions in sections 9, 10 and 11 cannot be enforced or are considered void or illegal, either in whole or in part, said sections shall be construed and enforced in the sense of limiting the scope, duration and/or extent of the liability and/or warranty provision at issue. Nothing in this STC shall be understood to limit or exclude your liability for the price owed in excess of any liability caps hereunder.

You shall defend, indemnify and hold harmless the Company from and against any and all losses, settlements, damages, liabilities, judgements, obligations, fines or sanctions, costs, and expenses (including reasonable attorney’s fees) (collectively “Losses”), arising out of any claim, proceeding, demand, suit or action (collectively “Actions”) brought by a third party related to (a) your use of the Site or the Services, and activities occurring under your Account; (b) any violation of this STC; or (c) your violation of any other party’s rights or applicable law.

We may notify you about any topic related to this contract via email or in-product notifications. It is your responsibility to check those regularly to be informed about any said changes.

Due to the constant updates and changes made by us to improve the Services and ensure that you can use them in a seamless way and that the Services can interoperate with third-party platforms, we may add, alter, or remove functionalities from a Service at any time. Moreover, we may implement any updates to the Services (including security updates) that will be applicable to some or all users collectively at any time.

Neither party is liable for any failure of performance (other than for delay or performance in the payment of money due and payable hereunder) to the extent such failure is due to any cause or causes beyond such Party’s reasonable control, including acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, acts of terrorism, strikes and similar labor difficulties, war, sabotage, pandemic, internet-access issues, denial of service attacks, shortage or unavailability of supplies, and other mechanical, electronic, or communications failures or degradation. Either party’s invocation of this clause will not relieve you of your obligation to pay for any Services provided or permit you to terminate any Services except as expressly provided herein.

https://www.Ara Medica.com/contact/

a) If you are not residing in the U.S.:

Information according to Art.42 law 88/2009

• The registered office of Aratravel S.R.L. is in Via Giuseppe di Vittorio, 64 – Lecce
• The company is registered with the Register of Companies of Lecce
• The registration number of the company in the Business Register is LE-315576
• VAT n. 04750630750 F.C. 04750630750
• C.M.: aratravelsrl@pec.it
• The share capital is of 10.000 paid-up i.v.
• La società non è in stato di liquidazione
• unipersonale

This STC shall be governed and construed in accordance with the State of Delaware, without reference to its conflict of law provisions. Any cause of action or claim you might have with respect to the Services or otherwise under this STC must be filed before the courts of the State of Delaware, which shall have exclusive jurisdiction, and shall be commenced within one (1) year after such claim or cause of action arises or shall be deemed waived.

This feature requires that you share the responses to the form at issue in respect of which the Powered Insights will be obtained (the “Analyzed Responses”) with third parties. Note that Analyzed Responses may include personal data. We need the collaboration of Anthropic, PBC and Amazon Web Services, Inc. since this feature is powered by Claude 3.5 Sonnet (AI assistant based on Anthropic, PBC’s research and available through the technical environment referred to as Amazon Bedrock that is hosted and managed by Amazon Web Services, Inc.). Please, bear in mind that neither Anthropic nor AWS are an affiliate, partner, agent or representative of us.

You acknowledge that due to the nature of machine learning and the technology powering Qualitative Insights, Powered Insights may not be unique and Qualitative Insights may generate the same or similar output to a third party. The availability of this feature does not imply our endorsement or affiliation with any Powered Insights.

By using Qualitative Insights, you agree as well, to comply with all of AWS and Anthropic terms and conditions and usage policy, which can be found here, here, and here, respectively, including any restrictions on use contained therein.