Thank you for visiting PopSurvey by Populix (the “Platform”). Please read these Terms and Conditions (the “Terms and Conditions”) of PT Populix Informasi Teknologi (“We,” “Us,” or “Our”). These Terms and Conditions govern Your use of the Platform.
Users must read these Terms and Conditions because they may affect their legal rights and obligations.
“You” or “User” means:
- any person who opens and/or accesses the Platform; and
- any person who uses the services and/or features available on the Platform.
- User Statement
- By ticking “I agree” when using the Platform or creating a survey, the User is deemed to have read, understood, and agreed to all provisions of these Terms and Conditions.
- These Terms and Conditions constitute a valid agreement between the User and Us. If the User does not agree to any part or all of these Terms and Conditions, the User is not permitted to use the services on the Platform.
- A User under 18 (eighteen) years of age represents and warrants that they have obtained consent from their parent or legal guardian to agree to these Terms and Conditions and the Privacy Policy.
- Access to the services available on the Platform is provided on an “as is” basis, and the User uses the Platform at the User’s own risk, to the extent permitted by law.
- We expressly exclude all terms, warranties, and other conditions that are not required by applicable laws and regulations.
- We expressly exclude liability for any indirect or consequential loss or damage incurred by the User in connection with Our services or the use of, inability to use, or results of using Our services, regardless of the cause.
- Usage Requirements
- The confidentiality of an account and password, as well as all activity conducted through an account, is the personal responsibility of the account owner. We are not responsible for any activity carried out through an account, except for activity carried out by Us that directly affects the account owner.
- Surveys
- Users may create questionnaires in various ways:
- independently, by designing their own questions;
- by using artificial intelligence embedded in the Platform to help build surveys more quickly and easily; or
- by uploading a Google Form from a Google account selected by the User to the Platform.
- Users are advised to review and edit questions generated by artificial intelligence to ensure that the survey is appropriate and relevant to the User’s study. Any risk arising from a User’s decision to use AI-generated questions without editing them is entirely the User’s responsibility.
- Surveys may be distributed to Populix respondents or through a link that We create for You to distribute to Your own respondents.
- If a survey will be distributed to Populix respondents, the User is prohibited from including survey questions that request respondents’ personal data. The User must respect and comply with the protection of respondents’ personal data and privacy as set out at https://info.populix.co/articles/kebijakan-privasi/.
- If a survey will be distributed to Your own respondents, questions requesting respondents’ identifiable personal data must not be mandatory, and You must respect and comply with the personal data protection and privacy requirements applicable in the relevant territory or to Your respondents.
- Users may create questionnaires in various ways:
- Balance and Payment
- To launch a survey to Our respondents, the User must pay the survey fee. The survey fee may be paid in 2 (two) ways:
- by topping up a balance known as PopCoins, with a value of 1 (one) PopCoin equal to IDR 1 (one Rupiah); or
- by bank transfer, credit or debit card, e-wallet, or QRIS.
- A balance cannot be redeemed or withdrawn as cash.
- We reserve the right to change survey fees by providing notice to You. Price changes will affect existing surveys and new surveys that have not yet been launched.
- To launch a survey to Our respondents, the User must pay the survey fee. The survey fee may be paid in 2 (two) ways:
- Account Deletion
- You may request deletion of Your account by submitting a written request to Us. We require sufficient information from You to confirm Your identity and the nature of Your request so that We can process it. Please submit Your written request by emailing [email protected] or by using the “Contact Us” form available on the Platform at https://info.populix.co/contact-us.
- The User agrees that We have the right to remove the User’s account access if a suspected violation of these Terms and Conditions is identified. If the User’s account is deleted by Us, the User’s balance will be deemed invalid and may not be redeemed or withdrawn by the User.
- Deleting or removing a User’s account only deletes the personal information stored by Us; survey data and results will remain available.
- Intellectual Property Rights
- We are the owner or licensee of all intellectual property rights in the Platform and the materials published on it. Those works are protected by copyright laws and treaties throughout the world. All such rights are protected by law. Users may not use any part of the materials available on the Platform for commercial purposes without obtaining a license from Us or Our licensors.
- Third-Party Services
- Third-Party Links: The Platform may contain links to third-party websites or services that are not owned or controlled by Us. We are not responsible for the content, privacy policies, or practices of any third-party website or service. You are independently responsible for reading and reviewing the relevant third party’s policies and terms.
- Third-Party Integrations: The Platform may integrate with third-party services to enhance functionality and provide You with a better user experience. Your use of these third-party services is subject to the respective third party’s terms and conditions.
- Links to the Platform
- Users may link to the Platform’s homepage, provided that they do so fairly and lawfully and do not damage Our reputation or take advantage of it. However, Users must not establish a link in a manner that suggests any form of association, approval, or endorsement by Us where none exists.
- We reserve the right to require You to remove a link or to revoke linking permission without notice.
- Where the Platform contains links to other websites and resources provided by third parties, those links are provided for the User’s information only. We have no control over the content of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from the User’s use of them.
- Digital Persona
- The User may choose to use the Digital Persona (“DP”) feature, which is an artificial intelligence-based representation of a respondent developed using real profile data from Our panel. Each 1 (one) DP specifically represents 1 (one) respondent profile and is capable of providing varied responses according to the context and objectives of the survey conducted by the User.
- DP is created by processing demographic data, profiles, and survey responses from respondents and survey creators who have provided consent. PopSurvey guarantees that all processed data has undergone anonymization, whereby all personally identifiable information is removed to maintain data privacy and confidentiality in accordance with applicable personal data protection laws and regulations.
- The User understands and agrees that responses generated by DP are the results of data-driven artificial intelligence simulations. Accordingly, survey results that use DP are intended solely as a research support tool and not as an absolute substitute for direct research involving a human population. PopSurvey is not responsible for any loss, claim, or business decision made by the User based on survey results generated using the DP feature.
- If the final number of responses does not meet the specified target, the refund will be calculated on a pro-rata basis according to the number of unfulfilled DPs and automatically returned to the User’s Platform account in the form of PopCoins. The refund amount is calculated by dividing the number of unfulfilled DPs by the total respondent target and multiplying the result by the survey price before Value Added Tax (VAT).
- Inactive Surveys and Survey Cancellation
- Surveys that show no progress or activity for 14 (fourteen) consecutive calendar days will be reviewed by the Platform or by Us.
- The Platform will send a confirmation notice to the User by email or through the contact information provided by the User. If the User does not respond within 7 (seven) calendar days after the notice, PopSurvey will send 1 (one) final reminder. If the User still does not respond within the next 7 (seven) calendar days after the final reminder is sent, or if the User expressly confirms termination, the survey will be officially terminated and the remaining funds will be returned to the User in the form of PopCoins.
- Specifically for surveys using the Digital Persona feature, if the target number of responses is not met, the remaining funds attributable to unfulfilled responses will be automatically returned to the User in the form of PopCoins and cannot be redeemed through a bank account under the Survey Protection Plan. This refund will be processed without the review or periodic notification process set out in Sections 10.1 and 10.2.
- PopCoins balances are non-transferable, may not be transferred to another User’s account, and may not be redeemed or withdrawn as cash.
- We reserve the right to cancel or adjust a PopCoins balance if there is any indication of fraud, abuse of the refund system, or a technical system error.
- Survey Protection Plan
- The Survey Protection Plan is an optional paid service feature that enables Users to receive a refund of remaining survey funds to a personal bank account. This feature may be purchased before launching a survey and cannot be cancelled.
- A refund of remaining funds in cash by bank transfer applies only if the User purchased the Survey Protection Plan before launching the survey and satisfies the applicable bank account verification requirements.
- If the User does not purchase the Survey Protection Plan during the initial transaction, the User knowingly and voluntarily agrees that all remaining funds from a cancelled survey will be returned only as a PopCoins balance, at a conversion value of 1 (one) PopCoin equal to IDR 1 (one Rupiah), without any administration fee.
- The Survey Protection Plan is unavailable and does not apply to surveys using the Digital Persona feature.
- Platform Artificial Intelligence Model
- The User may provide input to be processed by the Platform (“Input”) and receive output generated and returned by the Platform based on that Input (“Output”). When the User uses the Platform, the Input and Output constitute User Content. The User is solely responsible for the development, content, operation, maintenance, and use of the User Content.
- By using the Platform, the User grants Us and Our group companies a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content as defined and for the purposes set out below, in accordance with the Platform’s Privacy Policy.
- User Content consists of:
- Input: All data, information, text, questions, answers, responses, questionnaires, and other materials submitted, uploaded, or generated by You or Your respondents within the Platform, including but not limited to survey questions, answer choices, and free-text responses.
- Output: All data, information, results, analyses, reports, and insights generated by the Platform based on Your Input or the input of Your respondents, including but not limited to survey results, statistical data, aggregated findings, and data visualizations.
- User Content is used to train the Platform’s artificial intelligence models, primarily to improve the functionality, accuracy, and performance of the Platform’s features, including but not limited to:
- improving natural language processing capabilities for survey design and analysis;
- developing predictive analytics and insight generation;
- improving data visualization and reporting tools;
- automating survey creation and optimization;
- detecting patterns and trends to provide Users with more valuable insights;
- delivering services by helping Us improve the respondent experience, including making questions easier to answer;
- machine learning purposes, including using data to continue training Our models and building new models; and
- understanding industry trends and helping improve survey and form completion rates.
- We use machine learning techniques on survey data to provide Users with useful statistics and more relevant insights from the data they have collected using Our services. For example, if the User uses open-ended text questions in a survey, Our machine learning technology may provide useful insights into sentiment and/or trends in responses to those questions through Our survey analysis tools. The User may choose whether to use certain features of this kind.
- The User agrees that the User’s Input, use of the Platform, and Output will not: (i) violate any applicable law; (ii) infringe, violate, misappropriate, or otherwise unlawfully use any rights of the Platform or any third party; or (iii) be used to develop any model, including a foundation model or other large-scale model, that competes with the Platform.
- The User agrees not to use the Platform’s AI or any Output: (i) to develop any model, including a foundation model or other large-scale model, that creates, develops, or offers an AI service similar to or capable of replacing the Platform’s AI models or services and that is intended to serve purposes or customers identical or similar to those of the Platform; (ii) to reverse engineer, reverse assemble, reverse compile, decompile, translate, or otherwise attempt to discover the source code or underlying components of the Platform’s AI models, algorithms, and systems, including by extracting model weights; (iii) to mislead any person or represent that Output from the Platform was generated entirely by a human; or (iv) to use web scraping, web harvesting, or web data extraction methods to extract data from the Platform or the Output.
- The User acknowledges that, due to the nature of machine learning and the technology supporting the Platform, Output may not be unique, and the Platform may generate identical or similar Output for third parties. Responses or results requested by and generated for other Users are not considered Your Content.
- Artificial Intelligence Features
- The Platform includes artificial intelligence features and machine learning models developed to help Users make better use of the Platform. Given the rapidly evolving nature of artificial intelligence and machine learning, the User acknowledges that use of the Platform may sometimes generate incorrect Output that does not accurately reflect actual people, places, facts, or data. The User agrees to evaluate the accuracy of all Output as appropriate for the User’s intended use, including through human review of the Output.
- AI-Moderated Qualitative Interview Feature
- The Platform provides an AI-Moderated Qualitative Research feature, which allows Users to conduct qualitative research through automated interactions between artificial intelligence and Our panel.
- Under this feature, respondents answer questions by recording videos in Our system. After a respondent submits a video response, Our artificial intelligence generates probing questions based on the answers previously provided.
- The User expressly understands and agrees that, when using this feature:
- the User may access and replay respondents’ recorded video answers through the Platform, including the respondents’ voices and facial images;
- the visual and audio access referred to in Section 14.3.1 is provided solely to enable the User to conduct in-depth analysis in accordance with research industry standards, such as analyzing sentiment through respondents’ facial expressions when providing answers;
- the Output received by the User includes the video recordings, together with text transcripts and summaries generated by the Platform’s artificial intelligence system; and
- the User is strictly prohibited from downloading, distributing, or misusing respondents’ video recordings for any purpose other than legitimate research analysis and must maintain the confidentiality of respondents’ visual identities.
- The User further expressly understands and agrees that, when using this feature:
- the User is strictly prohibited from creating, including, or submitting questions in a questionnaire or probing instructions intended to request personal data that could identify a respondent, whether general personal data or specific/sensitive personal data;
- the User is prohibited from making any attempt to identify a respondent’s true identity through information contained in the provided text transcript;
- We are not responsible for any lawsuit, demand, legal claim, or objection brought by a respondent or any other third party as a result of the User’s violation of these personal data provisions; and
- the User agrees to release, indemnify, and defend Us, including Our directors, employees, and affiliates, from and against all losses, liabilities, costs, and expenses incurred by Us as a result of any lawsuit or sanction imposed by a competent authority arising from the User’s violation of this Section 14.
- Limitations on High-Risk Use
- The User agrees not to use Output from the AI-Moderated feature as the sole basis for making high-risk decisions, including but not limited to:
- financial decisions, investments, or creditworthiness assessments;
- legal matters, evidence in court proceedings, or regulatory compliance; and
- medical decisions, health diagnoses, or life-safety policies.
- The User understands that the quality of artificial intelligence-generated probing questions depends heavily on the clarity of the questionnaire prepared by the User. Any failure by the artificial intelligence to generate relevant probing questions because of ambiguous instructions is entirely the User’s responsibility.
- We are not responsible for any material or immaterial loss arising from the User’s use of the Output of this feature without adequate independent verification.
- The User agrees not to use Output from the AI-Moderated feature as the sole basis for making high-risk decisions, including but not limited to:
- Prohibited Conduct
- Users must not use the Platform under a false identity or an identity belonging to another person.
- Users must not use the Platform to carry out illegal activities.
- Users must not collect or store personal data or information belonging to other Users.
- Users must not use the Platform in any manner that violates applicable local, national, or international laws or regulations.
- Users must not misuse the Platform by introducing viruses, Trojan horses, or other malicious or harmful material.
- Users must not attempt to gain unauthorized access to the Platform, the server on which the Platform is hosted, or any server, computer, or database connected to the Platform.
- Users must not attack Our Platform through a denial-of-service attack or a distributed denial-of-service attack.
- Users must not send, or cause to be sent, any unsolicited or unauthorized advertising or promotional material or any other similar form of solicitation (spam).
- Unless approved in writing by the Platform, Users must not ask questions requesting respondents’ identifiable personal data.
- We are not liable to the User for any loss or damage caused by a denial-of-service attack, virus, or other harmful material that may infect computer equipment, computer programs, data, or other proprietary material due to use of the Platform, the downloading of any material posted on it, or the use of any related Platform service.
- Violations, Suspension, and Termination
- If the User violates these Terms and Conditions, We may take any of the following actions that We consider appropriate in the circumstances:
- issue a warning to the User; and/or
- take any other action permitted under applicable laws and regulations.
- If the User violates these Terms and Conditions, We may take any of the following actions that We consider appropriate in the circumstances:
- Amendments
- Amendments: We may amend these Terms and Conditions at any time by posting the updated Terms and Conditions on the Platform. The amendments will take effect immediately upon posting. The User’s continued use of the Platform after the updated Terms and Conditions are posted constitutes acceptance of the amendments.
- Notice of Amendments: If We make material amendments to these Terms and Conditions, We will notify You by email or by posting a notice on the Platform.
- Jurisdiction and Governing Law
- These Terms and Conditions and any claim arising out of or in connection with them or their subject matter are governed by and construed in accordance with the laws of the Republic of Indonesia, without reference to conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the West Jakarta District Court, located in West Jakarta, Indonesia. Each party waives any objection to the jurisdiction specified in this provision.
- If the court referred to in Section 18.1 determines that any provision of these Terms and Conditions or the Privacy Policy is invalid, unlawful, or unenforceable to any extent, that provision will, to the extent determined, be severed from the remaining provisions. All other provisions not determined to be invalid, unlawful, or unenforceable will remain in effect.
- Contact Us
- If You have any questions about these Terms and Conditions, please contact Us at [email protected] or use the “Contact Us” form available on the Platform at https://info.populix.co/contact-us.
ENG
IDN