Terms of Service

Effective Date: 31-01-2025

TL;DR (Too Long; Didn't Read)

Welcome to Animo! Here's a quick summary:

• You need an account to use the service (respondents don't, but they can create one).
• We offer both free and paid plans. Subscriptions auto-renew but can be canceled at any time.
• You're responsible for your content and must obtain permissions for any data you upload.
• You're responsible for the data of your respondents. Respondent’s data remains under your control, and we only process it on your behalf.
• We integrate with third-party services like Stripe and CRMs, but we’re not liable for their issues.
• If things go wrong, we'll do our utmost to support you and resolve disruptions.
• We’re based in the Netherlands, and any disputes will be handled here.
  For the full legal details, keep reading below (you might want to grab a cappuccino).

Introduction

Welcome to Animo.co, a service provided by Three Letter Company BV ("Company," "we," "us," or "our" “Animo”).

These Terms of Service (“Terms”, “Terms of Service” “ToS”) govern your use of our web pages located at animo.co (“Site”) consisting of (i) services to create, for your internal business purposes, online surveys/forms/applications/activations/meeting schedulers/registration pages (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 “Service(s)”). 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 under Respondent’s Data below).

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at support@animo.co so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.

Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Plans and subscriptions

Some parts of Service are billed on a subscription basis (“Subscription(s)”) as described on our pricing page. If you register for a Paid Account, you agree to pay all applicable Fees related to your use and access of the Services. All Fees are exclusive of applicable VAT, sales, use, excise and other similar taxes, duties, and charges imposed by federal, state, local governmental, or regulatory authorities. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Animo cancels it. You may cancel your Subscription renewal through your online account management page.

A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide Animo with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Animo to charge all Subscription Fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Animo will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Animo may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged by Animo until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Animo reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Animo, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Animo will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription Fees are non-refundable and non-cancellable.

Third Party Applications

The Services may contain features designed to link to, transfer your data including Respondent’s Data (“Customer Data”) to, or otherwise access, TPAs. Animo cannot guarantee the continued availability of such features and may cease providing them without entitling you to any refund, credit or other compensation, if for example and without limitation, the TPA provider ceases to make the TPA available for interoperation with the Service features in a manner acceptable to Animo in its sole discretion. Any changes to TPAs, including their unavailability, during the Subscription Term shall not affect your obligations under these Customer Terms or the applicable Order Form. Animo will not be responsible for, and hereby disclaims all liability in connection with, any and all TPAs accessible via the Services.

Third Party Applications. You may choose to enable integrations or exchange Customer Data with TPAs. Your use of a TPA is governed by your agreement with the relevant third-party provider, not these Terms. You are responsible for selecting any such TPAs and for choosing the Customer Data to transfer to or from them. Animo does not warrant or support TPAs, nor is Animo responsible or liable for the security of Customer Data shared with or from such TPA, or any disclosure, modification, deletion or other processing of Customer Data resulting from access by such TPA or its provider. By using TPAs, you instruct and consent to Animo disclosing or sharing Customer Data to the TPA as necessary to facilitate the integration with the TPA. You acknowledge and agree that, with respect to any Personal Data shared with a TPA, Animo is not a sub-processor of that TPA, nor is that TPA a sub-processor of Animo. If you are an Authorized User, you hereby represent and warrant that you have obtained any necessary permissions from your employer and your access and use of any TPAs will not violate any internal policies of your employer or applicable Entity.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

Animo has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service are the property of Animo or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Respondent’s data

If you have an Account, you may create Forms. Persons may access and voluntarily input data into the Forms or you may solicit persons to input data into the Forms (each such person, a “Respondent,” and such data, “Respondent’s Data”). Any contractual relationship existing with Respondents is entered into between you and them. You are solely responsible for ensuring compliance with all applicable data protection and privacy laws, including obtaining the necessary consents from respondents before collecting their data. You must also notify respondents that their data will be processed in accordance with our Privacy Policy.

We process Respondent Data solely on your behalf as a data processor, and we do not claim ownership of Respondent Data. Our processing activities are limited to providing and improving the Service, as detailed in the Terms of Service. For aggregated and anonymized Respondent Data, we may use such data to enhance our platform without identifying individual respondents.

We do not claim ownership over any Respondent's Data, and this ToS 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 retain ownership of all Respondent's Data submitted through the Service. By using the Service, you grant us a worldwide, royalty-free, sublicensable, and transferable license to process, store, and use Respondent's Data strictly for the purpose of operating, maintaining, and improving the Services. For clarity, this includes using aggregated and anonymized data to enhance our platform but does not grant us any rights to share or sell identifiable Respondent's Data to third parties.

Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

• In any way that violates any applicable national or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
• To send unsolicited advertising, spam, or similar promotional material.
• To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

• Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
• Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
• Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of Service.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
• Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
• Take any action that may damage or falsify Company rating.
  Otherwise attempt to interfere with the proper working of Service.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms.

We also encourage you to review the Google's policy for safeguarding your data

No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

In certain circumstances, you have the following data protection rights:

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

Service and its original content (excluding Content provided by users and Respondent’s Data), features and functionality are and will remain the exclusive property of Animo and its licensors. Service is protected by copyright, trademark, and other laws of foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Animo.

Error Reporting & Feedback

You may provide us at support@animo.co with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that:

(i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
(ii) Company may have development ideas similar to the Feedback;
(iii) Feedback does not contain confidential information or proprietary information from you or any third party; and
(iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Animo.

Animo has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Animo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

Disclaimer of Warranty

These services are provided by the company on an “as is” and “as available” basis. The company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content, or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.

Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that the services or the server that makes them available are free of viruses or other harmful components; or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

The company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation of Liability

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if the company has been previously advised of the possibility of such damage.

Except as prohibited by law, if there is liability found on the part of the company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental, or consequential damages, so the prior limitation or exclusion may not apply to you.

Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You agree that Three Letter Company BV will have no liability for any consequences that you may incur as a result of suspending, terminating, or revoking your account and/or access to the Services.

Governing Law

These Terms shall be governed and construed in accordance with the laws of The Netherlands without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Acknowledgement

By using the service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.

Contact Us

If you have any questions about these terms of service, please contact us at support@animo.co.