These Terms and Conditions govern access to and use of the website encuesta.com, owned by WEBTOOLS, S.L. (hereinafter “WEBTOOLS”), with VAT number B-84794122, registered in the Madrid Mercantile Registry, Volume 23111, Book 0, Page 122, Section 8, Sheet M-414183, Entry 2, with registered office at Balbina Valverde 28, 28002 Madrid.
To contact WEBTOOLS regarding the services offered at Encuesta.com, you can use the following email address: soporte@encuesta.com.
Accessing the Website implies acceptance of these Terms and Conditions, as well as any future modifications and/or additional legal texts that WEBTOOLS may include.
This Website has been developed by WEBTOOLS with the aim of offering its services related to online survey management through the encuesta.com platform (hereinafter, the “Service” or “Encuesta.com”).
The Service allows the User to create and distribute their own surveys and access their results in real time. It includes the use of software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation.
The Website offers Users the following options for contracting the Service: By registering as a User on the Website, the User has access to a free basic version of the platform, and may access higher versions upon payment. Each current version of the service includes different features. WEBTOOLS reserves the right to modify said offer without prior notice.
Users are fully responsible for the use of their User account. Consequently, Users are responsible for the proper custody and confidentiality of their username and/or passwords that allow access to their account and agree not to transfer their use to third parties, either temporarily or permanently, or to allow access by third parties.
Users must immediately notify WEBTOOLS via soporte@encuesta.com of any misuse of their username and/or password at Encuesta.com due to theft, loss, or unauthorized access, so that WEBTOOLS can proceed with their cancellation, blocking, and/or deactivation as soon as it becomes aware. Until such notification is made, WEBTOOLS shall be exempt from any liability resulting from the misuse of usernames or passwords by unauthorized third parties.
4.1 User Registration
To use the Service, prior User registration is required, as well as acceptance of these General Conditions and the Privacy Policy.
To register, the User must complete the form provided on the Website, which will include the following data:
(i) Name.
(ii) Email address.
(iii) Password.
Users who register for the Service guarantee that they are of legal age or emancipated minors over the age of 16.
In the case of users over 16 and under 18 who are not emancipated, they guarantee that they have the consent of their parents, guardians, or the person or institution responsible for them.
The data entered by the User must be accurate, current, and truthful.
4.2 Registration via Facebook
The Service allows the User to register via their Facebook profile by entering their Facebook username and password to obtain an account.
By registering via Facebook, the User authorizes WEBTOOLS to access the following public data: full name, date of birth, occupation, place of birth, current residence, and Facebook profile picture, which will be used to automatically complete the User profile.
4.3 Registration via Google Plus
The Service allows the User to register via their Google Plus profile by entering their username and password to obtain an account.
By registering via Google Plus, the User authorizes WEBTOOLS to access the following public data: full name, date of birth, occupation, place of birth, current residence, and Google Plus profile picture, which will be used to automatically complete the User profile.
Users agree to use all information or content accessed through the Website lawfully, diligently, honestly, and properly, in good faith and in compliance with current legislation and these Terms and Conditions.
In particular, but not limited to, Users must not:
i. Register or provide false, inaccurate, incomplete, and/or outdated data, or access the Website using another User’s name, identification data, or password, or impersonate any person or identity.
ii. Use the Website for fraudulent purposes or in connection with criminal offenses or any unlawful activity.
iii. Send surveys to individuals under the age of 14.
iv. Make any content available without having the legal or contractual right to do so.
v. Make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights.
vi. Interfere with the service, servers, or networks connected to the service, or fail to comply with any requirements, procedures, policies, or regulations of networks connected to the service.
vii. Conduct unauthorized advertising.
viii. Use the application and/or invitations to respond to surveys for advertising or commercial purposes.
The User understands that Encuesta.com hosts surveys but is not the issuer or author of such surveys and is therefore solely responsible for emails sent through the survey management system of Encuesta.com.
The User confirms that they have a professional or personal relationship with the recipients of the surveys or that the recipients have given their consent to receive such emails.
WEBTOOLS reserves the right to deny any attempt to access the Website, cancel accounts, delete or modify content, or cancel service provision in cases of misuse of the Website.
Any information, texts, data, graphics, videos, messages, or other materials (content) submitted or posted to the public through the application are entirely the responsibility of the User. Therefore, the User, and not WEBTOOLS, is solely responsible for the content sent, transmitted, or otherwise made available through the application.
WEBTOOLS does not control the content submitted through its service and therefore does not guarantee its accuracy, completeness, or quality.
Under no circumstances shall WEBTOOLS be responsible for such content, nor for errors or omissions, or for any loss or damage of any kind incurred as a result of the use of any content sent by email or transmitted in any other way through the service.
The User agrees not to harm, block, disrupt, or otherwise interfere with Encuesta.com. In the event of any such interference, the User shall pay all damages incurred by WEBTOOLS, including consequential damages, and agrees that such damages shall include the estimated harm and applicable service fee at Encuesta.com.
User interference with Encuesta.com releases WEBTOOLS from any of its legal or contractual obligations with the User.
WEBTOOLS will cooperate with authorities in prosecuting any User who interferes with the Encuesta.com application and/or attempts to defraud WEBTOOLS, credit card companies, or any other company or institution using the Website or the Service.
Violation of any of the clauses above releases WEBTOOLS from its contract or any other legal obligation to the User. WEBTOOLS reserves the right to refuse to provide some or all services to any User, for any reason and at any time. The User agrees that WEBTOOLS may block their IP address at any time and deny access to Encuesta.com.
The information, software, products, and services available or included on Encuesta.com may contain inaccuracies or typographical errors, and WEBTOOLS reserves the right to make changes and improvements periodically.
The User specifically agrees that WEBTOOLS shall not be liable for unauthorized access to or alteration of their transmissions or data, any material or data sent or received or not sent or received, or any transaction conducted through Encuesta.com. Likewise, the User specifically agrees that WEBTOOLS is not responsible for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party, or for any infringement of third-party rights, including Intellectual and/or Industrial Property rights. The User specifically agrees that WEBTOOLS is not responsible for any content submitted and/or included on the Website/Service by E-NCUESTA or any third party.
Due to the nature of the Internet in general and interactive services in particular, WEBTOOLS offers no warranty or commitment that the use of Encuesta.com will be uninterrupted or error-free, and WEBTOOLS will not be liable for communication failures, defects, delays, or network issues (whether temporary or not) while using Encuesta.com. WEBTOOLS will, to the best of its ability, maintain the highest quality standards for the Service offered through Encuesta.com, without prejudice to the above.
The User acknowledges that they must use their own skill and judgment when using the Service and that they do so at their own risk. The User is also responsible for how they use the data obtained through the Service.
By clicking on certain links on this Website, the User may be redirected to other sites, and WEBTOOLS assumes no responsibility or liability of any kind for the accuracy or content of information or any other aspect of those sites.
WEBTOOLS is not responsible for the compatibility of the tool with other programs and applications used by the User.
WEBTOOLS and its suppliers shall not be liable for the suitability, reliability, availability, timeliness, viruses, or other harmful components, nor for the accuracy of the information, software, products, services, and graphics contained on the Website for the purpose of providing the Encuesta.com Service. All such information, software, products, services, and graphics are provided "as is" without any warranty. WEBTOOLS and its suppliers hereby disclaim all warranties and conditions with respect to this information, software, products, services, and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title, and non-infringement.
The User may contract, upon acceptance of these Terms and Conditions, the Services offered on the Website encuesta.com. The right of withdrawal is not applicable according to exception a) of Article 103 of the General Law for the Defense of Consumers and Users. Although the right of withdrawal does not apply, Encuesta.com may, at its sole discretion, allow service cancellation within 10 days from the purchase date, in accordance with the Return and Cancellation Policy.
By contracting the Encuesta.com Service, the User agrees to make the corresponding payments under the terms established on Encuesta.com. The User may complete the purchase from https://encuesta.com/planes-precios/, after logging in.
The available payment methods are:
(I) Debit or credit card.
(II) PayPal.
(III) Bank transfer.
(IV) PayU Latam.
The User agrees to pay all charges according to these Terms and Conditions, including any applicable tax or levy by any Public Administration. Current prices and applicable taxes are detailed at https://encuesta.com/planes-precios/. WEBTOOLS reserves the right to change the prices at any time, and the User agrees to provide accurate information about the company, entity, or person contracting the Service.
All Product prices shown through the Website are expressed in Euros or Dollars and do not include applicable taxes.
The payment process is guaranteed to be completely secure, in accordance with the required security protocols and services.
The User must notify WEBTOOLS of any unauthorized or fraudulent charge to the credit or debit card used for purchases by sending an email to soporte@encuesta.com as soon as possible so that WEBTOOLS can take appropriate action.
WEBTOOLS, through Encuesta.com, will send you, after you have expressly accepted these Terms and Conditions and completed the payment, confirmation of the contracted service and all its terms by electronic means. The user may consult the invoice issued by Encuesta.com on the website, as this is the only method of receiving the invoice.
This contract shall enter into force when the client expresses their agreement and acceptance of these Terms.
The Service will be activated on the user account from which the payment is made, within the following time frames depending on the payment method:
– Payment by card or PayPal: Immediate activation.
– Bank transfer: 24 working hours from receipt of proof of payment, which the user must send to administracion@encuesta.com.
– PayU Latam: Immediate activation.
The descriptions of the Service included on the Website are for informational purposes only.
Therefore, WEBTOOLS disclaims any liability for errors in such information but commits to taking all necessary steps to correct any reported errors or omissions as soon as possible.
All rights over the content, design, and source code of this Website, and in particular, but not limited to, all rights over photographs, images, texts, logos, designs, trademarks, trade names, and data included on the Website, as well as any other Intellectual or Industrial Property rights, are owned by WEBTOOLS or by third parties who have expressly authorized WEBTOOLS to use them on the Website.
Accordingly, and pursuant to Royal Legislative Decree 1/1996 of April 12 (Intellectual Property Law), Law 17/2001 of December 7 on Trademarks, and related legislation, reproduction, transmission, adaptation, translation, distribution, public communication (including making it available), in whole or in part, of Website content, in any format and by any technical means, is strictly prohibited without prior written authorization from WEBTOOLS.
WEBTOOLS does not grant any license or authorization to use its Intellectual or Industrial Property rights or any other rights related to the Website, and in no case will Users’ access and browsing be understood as a waiver, transfer, license, or full or partial assignment of such rights.
Any unauthorized use of said content by the User will be considered a serious breach of Intellectual or Industrial Property rights and will lead to the legally established responsibilities.
WEBTOOLS respects the privacy of its Users and ensures that personal data is processed in accordance with applicable data protection laws.
WEBTOOLS declares that it has implemented the necessary technical and organizational measures to ensure the security of personal data, in compliance with applicable data protection regulations.
If you wish to learn more about Encuesta.com's privacy policy, please visit the following link:
https://encuesta.com/privacidad/
The User may not resell, assign, or transfer in any way the contracted Service or any rights derived from it. Any resale, assignment, or transfer by the User will be null and void against WEBTOOLS and will result in immediate contract termination.
WEBTOOLS reserves the right to make any modifications it deems appropriate to these Terms and Conditions, which will be communicated to Users in advance.
Such modifications shall be effective upon publication on the Website.
For the purposes of these General Terms and Conditions, force majeure shall include, but is not limited to: (i) any non-culpable and unforeseeable event, or if foreseeable, unavoidable; (ii) failures in access to Encuesta.com web pages; (iii) failures in electricity or telephone supply; (iv) damage caused by third parties or attacks on the Portal server (viruses) that affect service quality and are not attributable to either Encuesta.com or the User; (v) failures in the transmission, distribution, storage, or delivery to third parties of Products or other content on the Portal; (vi) problems or errors in receiving, obtaining, or accessing Encuesta.com by third parties; (vii) fires; (viii) floods or earthquakes; (ix) strikes or labor disputes or other social unrest that prevent Product delivery and fulfillment of Encuesta.com’s obligations; (x) shortage or unavailability of electricity; (xi) accidents; (xii) war conflicts; (xiii) trade or any kind of embargoes; (xiv) blockades; (xv) riots; or (xvi) any government provision.
The User may request after-sales support for questions regarding the software usage, incident reporting, and administrative management through the following channels:
(i) Phone: 0034915643418,
(ii) Email: soporte@encuesta.com and soporte@encuesta.com,
(iii) Skype: User e-encuesta.com.
All clauses or parts of these Terms and Conditions should be interpreted independently and autonomously, and if any clause is declared null by a final court or arbitration ruling, the rest shall remain unaffected. The affected clause(s) will be replaced with another that preserves the intended effects of the Terms and Conditions.
These Terms and Conditions are governed by Spanish law. Unless prohibited by applicable law, any legal action or proceeding to enforce these Terms or arising from them shall be subject to the exclusive jurisdiction of the courts of Madrid.
Our entity is a member of Confianza Online (non-profit association), registered in the National Registry of Associations Group 1, Section 1, national number 594400, CIF G85804011, Calle Castelló 24, Esc 1 2° left, 28001 Madrid (Spain), phone (+34) 91 309 13 47 and fax (+34) 91 402 83 39 (www.confianzaonline.es).
These General Conditions are governed by Spanish law. In compliance with the Law on Alternative Dispute Resolution, we inform consumers that, as a member entity and under the terms of its Code of Ethics, users may refer to Confianza Online for the alternative resolution of any disputes. If the disputes concern electronic transactions with consumers, or data protection when related to this field, complaints will be resolved by the Mediation Committee of Confianza Online, accredited for consumer dispute resolution. If the complaints concern digital advertising or data protection in this area, they will be submitted to the Advertising Jury of AUTOCONTROL.
You may also access the European Union's online dispute resolution platform.
Also consult our Return and Cancellation Policy.