Terms of use
Thank you for using ReportGorilla’s products and services (“Services”).
These Terms of Use (“TOU”) contain the terms under which ReportGorilla and its affiliates provide their Services to you and describe how the Services may be accessed and used.
ReportGorilla provides a variety of different services. Additional service-specific terms and policies (including rules and guidelines) apply to some Services (“Additional Terms“). Those Additional Terms become a part of your agreement with us if you use those Services.
We refer to the combination of these Terms of Use and any applicable Additional Terms collectively as these “Terms“.
You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
1. Fees and Payments
1.1. Fees for Services. You agree to pay to ReportGorilla any fees for each Service you purchase or use, in accordance with the pricing and payment terms presented to you for that Service. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
1.2. Taxes. Unless otherwise stated, you are responsible for any taxes (other than ReportGorilla’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay ReportGorilla for the Services without any reduction for Taxes. If ReportGorilla is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide ReportGorilla with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. ReportGorilla will not charge you VAT if you are a business and provide us with a EU VAT number issued by a taxing authority in the European Union, are purchasing the Services from ReportGorilla for business reasons, and are located in a different European Union member state from ReportGorilla in the UK.
1.3. Price Changes. ReportGorilla may change the fees charged for the Services at any time.
1.4 Report Tokens. Purchased Report tokens remain valid until redeemed. Payments for report tokens are not refundable.
2. Privacy
2.1. Privacy. In the course of using the Services, you may submit content to ReportGorilla (including your personal data and the personal data of others) or third parties may submit content to you through the Services (your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. ReportGorilla’s Privacy Policy, together with any Service-specific data use policies, privacy statements and privacy notices (collectively, “privacy policies”), detail how we treat your Content and personal data and we agree to adhere to those privacy policies. You in turn agree that ReportGorilla may use and share your Content in accordance with our privacy policies.
2.2. Confidentiality. ReportGorilla will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by ReportGorilla); (b) was lawfully known to ReportGorilla before receiving it from you; (c) is received by ReportGorilla from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by ReportGorilla without reference to your Content. ReportGorilla may disclose your Content when required by law or legal process, but only after ReportGorilla, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
2.3. Security. ReportGorilla will store and process your Content in a manner consistent with industry security standards.
3. Your Content
3.1. You Retain Ownership of Your Content. You retain ownership of all of your intellectual property rights in your Content. ReportGorilla does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
3.2. Limited License to Your Content. You grant ReportGorilla a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by ReportGorilla’s privacy policies. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of ReportGorilla’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide ReportGorilla with feedback about the Services, we may use your feedback without any obligation to you.
3.3. Customer Lists. ReportGorilla may identify you (by name and logo) as a ReportGorilla customer on ReportGorilla’s website and on other promotional materials. Any goodwill arising from the use of your name and logo will enure to your benefit.
4. ReportGorilla IP
4.1. ReportGorilla IP. Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). These Terms do not grant you any right to use ReportGorilla’s trademarks or other brand elements.
5. User Content
5.1. User Content. The Services display content provided by others that is not owned by ReportGorilla. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. ReportGorilla is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
5.2. Content Review. You acknowledge that, in order to ensure compliance with legal obligations, ReportGorilla may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, ReportGorilla otherwise has no obligation to monitor or review any content submitted to the Services.
5.3. Third Party Resources. ReportGorilla may publish links in its Services to internet websites maintained by third parties. ReportGorilla does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
6. Account Management
6.1. Keep Your Password Secure. If you have been issued an account by ReportGorilla in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not ReportGorilla, are responsible for any activity occurring in your account (other than activity that ReportGorilla is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify ReportGorilla immediately.
6.2. Keep Your Details Accurate. ReportGorilla occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
6.3. Remember to Backup. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, ReportGorilla will not be liable for any failure to store, or for loss or corruption of, your Content.
6.4. Account Inactivity. ReportGorilla may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. Purchased reports are available for download for the number of days as indicated on the Website. Previews will be deleted as a part of routine maintenance at ReportGorilla's sole discretion.
6.5. Customer Success. ReportGorilla may review your use of the Services and your Content to help you to more effectively use the Services, including by providing reporting and usage insights and tips.
7. User Requirements
7.1. Legal Status. If you are an individual, you may only use the Service if you have the power to form a contract with ReportGorilla. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms. You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.
8. Acceptable Uses
8.1. Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable law.
8.2. Your Responsibilities. You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
(a) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
(b) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
(c) You may not circumvent or attempt to circumvent any limitations that ReportGorilla imposes on your account (such as by opening up a new account to run reports for surveys that we have disqualified).
(d) Unless authorized by an account holder with a third party service, in writing, you may not use this account holder's third party credentials to gain access to and view their information held on the third party service through ReportGorilla by authorizing with their credentials.
(e) Unless authorized by ReportGorilla in writing, you may not probe, scan, or test the vulnerability of any ReportGorilla system or network.
(f) Unless authorized by ReportGorilla in writing, you may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.
(g) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
(h) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
(i) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. ReportGorilla will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to ReportGorilla.
(j) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
(k) Unless authorized by ReportGorilla in writing, you may not resell or lease the Services.
9. Termination of Services
9.1. You may terminate your account at any time.
9.2. ReportGorilla may suspend performance or terminate your account for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after ReportGorilla has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; Additionally, ReportGorilla may limit or suspend the Services to you if you fail to comply with these Terms, or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. ReportGorilla may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where ReportGorilla may decide that we need to take immediate action without notice. ReportGorilla will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. ReportGorilla has no obligation to retain your Content upon termination of the applicable Service.
9.3. Further Measures. If ReportGorilla stops providing the Services to you because you repeatedly or egregiously breach these Terms, ReportGorilla may take measures to prevent the further use of the Services by you, including blocking your IP address.
10. Changes and Updates
10.1. Changes to Terms. ReportGorilla may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the ReportGorilla website. If an amendment is material, as determined in ReportGorilla’s sole discretion, ReportGorilla will notify you by email. Changes will be effective no sooner than the day they are publicly posted. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
10.2. Changes to Services. ReportGorilla constantly changes and improves the Services. ReportGorilla may add, alter, or remove functionality from a Service at any time without prior notice. ReportGorilla may also limit, suspend, or discontinue a Service at its discretion. If ReportGorilla discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. ReportGorilla may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
11. Disclaimers and Limitations of Liability
11.1. Disclaimers. While it is in ReportGorilla’s interest to provide you with a the best possible experience when using the Services, there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND REPORTGORILLA DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
11.2. Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, REPORTGORILLA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF REPORTGORILLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.3. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF REPORTGORILLA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO REPORTGORILLA FOR USE OF THE SERVICES AT ISSUE DURING THE MONTH PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) GBP 100.00.
11.4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
11.5. Businesses. If you are a business, you will indemnify and hold harmless ReportGorilla and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable legal fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
12. Contracting Entity and Governing Law
Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, Perceptor Solutions Limited.
Contracting Entity. References to “ReportGorilla”, “we”, “us”, and “our” are references to Perceptor Solutions Limited, located at The Semaphore Suite, Whitwell Hatch, Scotland Lane, Haslemere, Surrey, GU27 3AW, United Kingdom.
Governing Law. These terms are governed by the laws of England (without regard to its conflicts of laws provisions).
Jurisdiction. Except if prohibited by applicable law, in relation to any legal action or proceedings to enforce those terms or arising out of or in connection with those terms, each party irrevocably submits to the exclusive jurisdiction of the courts of England.
Version 2.3, 8 July 2022
