Terms of Service

These Terms of Service (“Terms”) govern your access to and use of PanelRoster, a cloud-based enterprise operations management platform designed to help organizations coordinate distributed workforces, projects, assignments, operational workflows, documentation, quality assurance, reporting, compliance, and related operational activities (the “Platform”). The Platform is operated by Datumvista Research Limited.

By creating an account or using the Platform, you agree to these Terms. If you are using the Platform on behalf of an organization, you agree to these Terms on behalf of that organization and represent that you have the authority to do so.

• PanelRoster means Datumvista Research Limited, the operator of the Platform.
• Platform means the PanelRoster software-as-a-service platform and related services made available by PanelRoster.
• Customer means the organization that has subscribed to, or been granted access to, the Platform.
• User means any individual authorized by a Customer to use the Platform, including administrators, operational personnel, field workers, interviewers, contractors, and other authorized users.
• Account means the account created for a Customer or User to access the Platform.
• Services means the features and functionality provided through the Platform.
• Customer Data means information, content, and materials that a Customer or its Users submit, upload, or enter through the Platform in connection with the Customer's use of the Services.

To use the Platform, you must be at least the age required to enter into a binding contract in your jurisdiction and must have the authority to use the Platform on behalf of your organization where applicable. By using the Platform, you represent that you meet these requirements.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs through your account. You agree to:

• Provide accurate and complete account information and keep it up to date;
• Use strong credentials and not share them with unauthorized persons;
• Notify us promptly if you suspect unauthorized access to your account; and
• Comply with all applicable laws in your use of the Platform.

You are responsible for all activity performed through your account, whether or not authorized by you, except to the extent caused by our failure to protect the Platform.

The Platform is provided for business and operational use by Customers and their authorized Users. Subject to these Terms, you may access and use the Platform for lawful business purposes in accordance with your organization's configuration and our documentation. You may not use the Platform for any purpose other than as intended.

Customers and their Users may submit, upload, or enter Customer Data through the Platform as part of their own business operations. Customer is responsible for Customer Data and for ensuring it has the rights and permissions necessary to submit it and to grant PanelRoster the rights to process it as described in these Terms and our Privacy Policy.

These Terms do not transfer ownership of Customer Data to PanelRoster. PanelRoster does not claim ownership of Customer Data. PanelRoster's platform, software, interfaces, documentation, and related technology remain owned by or licensed to PanelRoster.

Our Privacy Policy explains how personal information is collected, used, protected, and disclosed in connection with the Platform. By using the Platform, you agree that PanelRoster may process information as described in the Privacy Policy.

PanelRoster, its licensors, and its suppliers own all rights, title, and interest in and to the Platform, including the software, interfaces, documentation, branding, trademarks, and related proprietary technology. Except for the limited rights expressly granted in these Terms, no rights are granted to you in the Platform or any PanelRoster intellectual property. Customer Data remains subject to Section 6.

The Platform may rely on third-party infrastructure or services to operate. Your use of any third-party services is subject to that third party's own terms and policies. PanelRoster is not responsible for the content or practices of third-party services.

PanelRoster may maintain, update, improve, modify, or suspend portions of the Platform where reasonably necessary, including for maintenance, security, or operational reasons. While we aim to keep the Platform available, we do not guarantee uninterrupted or error-free operation.

You agree not to:

• Access or attempt to access the Platform or its systems without authorization;
• Circumvent or attempt to circumvent any security measure or access control;
• Interfere with or disrupt the Platform, its infrastructure, or other users' use of the Platform;
• Upload or transmit malicious code, viruses, or other harmful material;
• Use the Platform to violate any applicable law or regulation;
• Attempt to access another organization's data or systems;
• Abuse the Platform or its infrastructure, including through excessive or automated use; or
• Infringe the intellectual property or other rights of others.

Fees for the use of the Platform, if any, are governed by the applicable order form, subscription agreement, or other applicable commercial agreement between the parties. Unless otherwise agreed, fees are payable in accordance with the applicable commercial terms.

Each party may receive confidential information from the other in connection with the Services. The receiving party will use reasonable care to protect confidential information and will not disclose it to third parties except as necessary to perform its obligations under these Terms or as required by law.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW. PANELROSTER DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT RESULTS OBTAINED THROUGH ITS USE WILL BE ACCURATE OR RELIABLE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms limits or excludes either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) breach of confidentiality obligations; or (d) any other liability which cannot lawfully be limited or excluded under applicable law.

To the extent permitted by applicable law, Customer will indemnify, defend, and hold harmless PanelRoster from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from Customer Data or Customer's use of the Platform in breach of these Terms or applicable law.

PanelRoster may suspend or terminate access to the Platform where reasonably necessary, including in the event of:

• A material breach of these Terms;
• A security risk to the Platform or other users;
• Illegal or unauthorized use of the Platform;
• Non-payment where applicable under the commercial agreement; or
• Termination of the applicable commercial agreement.

You may stop using the Platform at any time. Upon termination, your right to access the Platform ceases, and provisions of these Terms that by their nature should survive termination will survive.

These Terms are governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, subject to any right to seek injunctive or other equitable relief in any court of competent jurisdiction.

We may update these Terms from time to time. When we make changes, we will update the “Last Updated” date and, where appropriate, notify users of material changes. Continued use of the Platform after changes take effect is subject to the updated Terms.