Terms of Use

1. Introduction

Welcome to Iteksurvey (“we,” “our,” “us,” or “Iteksurvey”). By accessing or using our website, services, or related applications (“Services”), you agree to comply with and be bound by the following terms and conditions (“Terms”). These Terms govern your access to and use of our Services, and by engaging with our Services, you acknowledge that you have read, understood, and accepted these Terms in full.

If you do not agree with these Terms, you must discontinue using our Services immediately. Your continued use of our website and Services constitutes your acceptance of these Terms.

1.1 Agreement Between You and Iteksurvey

These Terms represent a legal agreement between you, either individually or on behalf of your organization (“you” or “Client”), and Iteksurvey, setting forth the terms governing your use of our Services. This agreement applies to all users of the website and Services, including clients, panelists, and any third-party stakeholders who may access or use our resources.

By using our Services, you confirm that you are at least 18 years of age, or the legal age of majority in your jurisdiction, and that you have the legal capacity to enter into a binding contract. If you are using our Services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

1.2 Changes to the Terms

Iteksurvey reserves the right to modify, update, or change these Terms at any time. We will notify you of any significant changes by posting the new Terms on our website and updating the “Last Updated” date at the top of this page. It is your responsibility to review these Terms periodically for updates. Your continued use of the Services after any changes to the Terms are posted constitutes your acceptance of the modified Terms.

1.3 Additional Terms

In addition to these Terms, certain services provided by Iteksurvey may be subject to additional terms and conditions, which will be provided to you at the time you sign up for those services. These additional terms are incorporated by reference into these Terms. If there is any conflict between these Terms and the additional terms for a specific service, the additional terms shall take precedence concerning the specific service.

1.4 Applicable Law and Jurisdiction

These Terms, and any disputes arising from or related to your use of our Services, shall be governed by and construed in accordance with the laws of Wyoming, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be exclusively brought in the courts of Wyoming, and you consent to the personal jurisdiction and venue of such courts.

1.5 Contact Information

If you have any questions, concerns, or feedback regarding these Terms or our Services, you can contact us at:

• Email: info@datadek.com

2. Definitions

2.1 “Company”

“Company,” “we,” “our,” or “us” refers to Iteksurvey, a market research firm providing business-to-business (B2B) services, including but not limited to data collection, analytics, and consulting. The Company operates through its website https://iteksurvey.com/ and related platforms.

2.2 “Client”

“Client” or “you” refers to the individual or legal entity that engages the Company for market research services. A Client may also include any authorized employees or representatives of the legal entity that contracts the Company for services. By engaging our Services, you confirm that you have the authority to bind the entity to these Terms.

2.3 “Services”

“Services” refers to all market research activities, including but not limited to data collection, surveys, focus groups, panel management, data analysis, consulting, and reporting provided by the Company. This includes both online and offline services offered by Iteksurvey.

2.4 “Panel”

“Panel” refers to a curated group of individuals (“Panelists”) who voluntarily participate in surveys, questionnaires, or focus groups conducted by Iteksurvey for market research purposes. These individuals provide opinions, preferences, or feedback related to products, services, or general market trends.

2.5 “Panelist”

“Panelist” refers to any individual who voluntarily joins the Company’s Panel to participate in market research studies. Panelists provide insights in exchange for compensation, incentives, or rewards, subject to the Panel’s terms of participation.

2.6 “Deliverables”

“Deliverables” refers to any reports, data sets, presentations, or other work products provided by the Company to the Client as part of the agreed-upon Services. Deliverables are the outcome of the Company’s research and analysis and are provided under the terms agreed between the Company and Client.

2.7 “Website”

“Website” refers to Iteksurvey’s online platform located at https://iteksurvey.com/, through which information about the Company and its Services is made available. This also includes any related subdomains, applications, or digital resources hosted by or on behalf of Iteksurvey.

2.8 “Confidential Information”

“Confidential Information” means any non-public, proprietary, or sensitive information disclosed by one party to the other in connection with the Services. This includes, but is not limited to, business strategies, customer lists, market research data, trade secrets, and financial information. Confidential Information may be oral, written, or electronic in form.

2.9 “Personal Data”

“Personal Data” refers to any information that relates to an identified or identifiable individual, as defined by applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Personal Data may include names, email addresses, IP addresses, and any other data that could be used to identify a person.

2.10 “Data Protection Laws”

“Data Protection Laws” refers to all applicable laws and regulations related to data protection, privacy, and the processing of personal information, including but not limited to the GDPR (European Union), CCPA (United States), and any other applicable laws based on the jurisdiction of the Client and Company.

2.11 “Agreement”

“Agreement” refers to these Terms and Conditions, along with any additional agreements or terms the Client and the Company mutually agree upon. This Agreement governs the relationship between Iteksurvey and the Client regarding the provision of Services.

2.12 “Third-Party Services”

“Third-Party Services” refers to services, tools, or applications provided by entities other than Iteksurvey, which may be integrated into or used in conjunction with the Company’s Services. This could include analytics tools, survey platforms, and other resources that enhance or facilitate the provision of the Services.

2.13 “Intellectual Property”

“Intellectual Property” includes all patents, trademarks, copyrights, trade secrets, know-how, and any other proprietary information developed, owned, or licensed by the Company in relation to its Services, including reports, algorithms, methodologies, software, and databases.

2.14 “Force Majeure”

“Force Majeure” refers to any event beyond the reasonable control of either party, including but not limited to natural disasters, acts of terrorism, strikes, pandemics, or governmental regulations, that prevents the performance of obligations under this Agreement.

3. Services Provided

Iteksurvey offers a range of B2B market research services designed to support businesses in making data-driven decisions. By engaging Iteksurvey’s Services, the Client agrees to the scope and nature of the services provided, as outlined in any agreement or proposal specific to their needs. The Company ensures that all services are conducted with professionalism, confidentiality, and in accordance with the highest industry standards.

3.1 Scope of Services

Iteksurvey provides the following core market research services to its Clients:

• 3.1.1 Data Collection: We employ multiple data collection methods, including surveys, focus groups, in-depth interviews, and online panels. Data is gathered either directly from the Client’s target market or through our proprietary research panels, ensuring relevant and actionable insights.
• 3.1.2 Custom Research Solutions: Iteksurvey tailors research solutions to meet specific Client objectives, offering bespoke reports and analyses designed to address unique business challenges. Our custom research can focus on industry trends, consumer behaviors, competitive landscape, and more.
• 3.1.3 Panel Management: Iteksurvey maintains and manages proprietary research panels that provide valuable insights into various industries. These panels consist of pre-profiled individuals who participate in market research based on demographic, psychographic, or behavioral criteria.
• 3.1.4 Data Analysis and Reporting: We specialize in advanced data analysis techniques, including statistical modeling, segmentation, and predictive analytics. The results are delivered in comprehensive reports, dashboards, or presentations, providing Clients with actionable insights to drive decision-making.
• 3.1.5 Consulting Services: In addition to research, Iteksurvey offers strategic consulting to help Clients interpret data and implement the findings into their business strategies. This includes recommendations for market entry, product development, and customer engagement.
• 3.1.6 International Market Research: Iteksurvey offers expertise in conducting cross-border research, with a focus on English-speaking markets. We provide insights on regional market dynamics, consumer behavior, and competitive positioning to help businesses expand globally.

3.2 Service Delivery

The delivery of Services is subject to the agreement between Iteksurvey and the Client. This includes the timing of the project, the format of deliverables, and the specific research methodologies to be used. The scope of work will be agreed upon before the commencement of any project, and any changes must be approved in writing by both parties.

• 3.2.1 Timeline: Iteksurvey will provide a project timeline based on the complexity and scope of the research. While every effort will be made to adhere to the agreed-upon deadlines, Iteksurvey cannot be held liable for delays caused by factors beyond its control, including the availability of respondents or third-party services.
• 3.2.2 Deliverables: Deliverables will vary depending on the Client’s requirements but typically include comprehensive reports, raw data files, or presentations. The specific format and nature of these deliverables will be outlined in the proposal or agreement.

3.3 Client Responsibilities

In order for Iteksurvey to provide its services effectively, the Client agrees to:

• 3.3.1 Provide Accurate Information: The Client is responsible for supplying all necessary information required for Iteksurvey to complete the project. This may include company-specific data, research objectives, and target audience details. Iteksurvey is not liable for errors resulting from incomplete or inaccurate information provided by the Client.
• 3.3.2 Approval of Materials: The Client is responsible for reviewing and approving research materials, such as questionnaires, discussion guides, and sampling plans. Any changes or revisions to these materials must be communicated to Iteksurvey in a timely manner.
• 3.3.3 Compliance with Laws: The Client must ensure that any use of Iteksurvey’s services complies with applicable laws and regulations, including privacy laws related to data collection, storage, and usage. The Client must also ensure that any requests for research do not involve activities that are illegal, unethical, or harmful.

3.4 Changes to Services

Any changes to the scope of services after the commencement of the project must be agreed upon in writing by both parties. Changes may affect the overall project timeline, fees, and deliverables. Iteksurvey reserves the right to adjust pricing and deadlines accordingly.

3.5 Use of Third-Party Services

In delivering our Services, Iteksurvey may rely on third-party services, platforms, or tools to enhance research capabilities. These may include survey platforms, data processing software, and analytics tools. While Iteksurvey ensures the reliability and security of these third-party services, the Company cannot be held liable for any issues resulting from third-party failures, including data breaches or service outages.

3.6 Limitations of Service

While Iteksurvey strives to provide accurate and reliable research, the Client acknowledges that market research inherently involves uncertainty and variability. Insights and predictions provided by Iteksurvey are based on data available at the time of research and may be subject to change. Iteksurvey does not guarantee specific business outcomes as a result of using its Services.

3.7 Service Availability

Iteksurvey reserves the right to suspend or discontinue any Services, either temporarily or permanently, with or without notice, at its sole discretion. In such cases, any ongoing projects will be handled according to the terms of the agreement between Iteksurvey and the Client.

4. Use of Services

By accessing and using Iteksurvey’s Services, Clients agree to comply with these Terms and Conditions, as well as any applicable laws and regulations. This section outlines the conditions under which Iteksurvey’s Services may be used and establishes the rights and responsibilities of the Client when engaging with our offerings.

4.1 Eligibility for Use

To use Iteksurvey’s Services, you must meet the following eligibility requirements:

• 4.1.1 Age Requirement: You must be at least 18 years of age or the legal age of majority in your jurisdiction to engage in a legally binding contract with Iteksurvey.
• 4.1.2 Legal Authority: If you are using Iteksurvey’s Services on behalf of a company, organization, or legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. You agree that your use of Iteksurvey’s Services constitutes acceptance of these Terms on behalf of the entity you represent.

4.2 Client Account Creation (if applicable)

In some cases, you may need to create an account with Iteksurvey to access certain Services, manage projects, or receive deliverables. When creating an account, you agree to the following:

• 4.2.1 Accurate Information: You must provide accurate, current, and complete information when setting up your account. You are responsible for updating your account information to ensure its accuracy.
• 4.2.2 Account Security: You are responsible for maintaining the security and confidentiality of your account credentials, including your username and password. You agree to notify Iteksurvey
   immediately of any unauthorized use of your account or any other security breach. Iteksurvey is not liable for any losses or damages arising from unauthorized access to your account.
• 4.2.3 Restrictions on Use: Your account is for your personal or organizational use only. You agree not to share your account credentials with third parties or allow others to access your account.

4.3 Acceptable Use of Services

Clients agree to use Iteksurvey’s Services only for lawful purposes and in compliance with these Terms. You agree not to engage in any of the following prohibited activities:

• 4.3.1 Misuse of Services: You may not misuse Iteksurvey’s Services by attempting to gain unauthorized access to any systems, data, or accounts associated with the Company or other users. This includes unauthorized attempts to probe, scan, or test the vulnerability of our systems or to breach security or authentication measures.
• 4.3.2 Interference with Services: You may not interfere with or disrupt the proper functioning of Iteksurvey’s Services, including by introducing viruses, malware, or any other harmful code, or by overloading, flooding, or attacking our systems.
• 4.3.3 Unauthorized Data Use: You agree not to use any data obtained through Iteksurvey’s Services for illegal, unethical, or unauthorized purposes. You are prohibited from reselling, redistributing, or repurposing Iteksurvey’s data or deliverables without prior written consent.
• 4.3.4 Harassment or Abuse: You may not use Iteksurvey’s Services to harass, abuse, or harm others, including Iteksurvey employees, panelists, or other Clients. This includes sending unsolicited communications or engaging in any behavior that violates the privacy or rights of others.

4.4 Compliance with Laws

As a Client of Iteksurvey, you agree to use our Services in compliance with all applicable laws, regulations, and industry standards. This includes, but is not limited to:

• 4.4.1 Privacy and Data Protection Laws: You agree to comply with applicable data protection and privacy laws, including the General Data Protection Regulation (GDPR) in the European Union, the California Consumer Privacy Act (CCPA) in the United States, and other similar regulations. This includes ensuring that any personal data you provide to Iteksurvey is lawfully obtained, processed, and shared.
• 4.4.2 Anti-Spam Regulations: You agree not to use Iteksurvey’s Services to send unsolicited commercial communications or engage in any activities that would violate anti-spam laws, such as the CAN-SPAM Act (U.S.) or the Privacy and Electronic Communications Regulations (EU).
• 4.4.3 Export Control Laws: You agree not to use Iteksurvey’s Services in a manner that would violate any applicable export control or trade sanction laws, including the laws of the United States, the European Union, or other relevant jurisdictions.

4.5 User-Generated Content (if applicable)

In some cases, Clients may have the ability to submit, upload, or share content through Iteksurvey’s Services (e.g., survey questions, feedback, data sets). When providing user-generated content, you agree to the following:

• 4.5.1 Ownership and License: By submitting content, you represent that you own the rights to the content or have the necessary licenses, rights, and permissions to share it. You grant Iteksurvey a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute the content solely for the purpose of providing the agreed-upon Services.
• 4.5.2 Prohibited Content: You agree not to submit content that is unlawful, defamatory, obscene, threatening, or otherwise violates the rights of others. Iteksurvey 
  reserves the right to remove any content that violates these Terms or that we deem inappropriate, at our sole discretion.

4.6 Data Security and Confidentiality

Iteksurvey takes the security of Client data seriously and employs appropriate technical and organizational measures to protect it. However, you acknowledge and agree that no system can be completely secure, and Iteksurvey cannot guarantee absolute security. The following principles apply:

• 4.6.1 Client Data Responsibility: You are responsible for ensuring that any data you provide to Iteksurvey complies with all applicable laws, including data protection laws. You must ensure that any data shared does not infringe on the rights of third parties, including privacy rights.
• 4.6.2 Data Transmission: You acknowledge that any data transmitted to or from our Services via the internet is done so at your own risk. Iteksurvey is not responsible for any interception or unauthorized access to your data during transmission.

4.7 Termination of Use

Iteksurvey reserves the right to terminate or suspend your access to its Services at any time, without prior notice, if you breach these Terms or engage in any conduct that we deem harmful to the Company, other users, or the security of our Services.

4.7.2 Client’s Right to Terminate: You may terminate your use of Iteksurvey’s Services at any time by providing written notice to the Company. Termination does not absolve you of your responsibility to pay for Services already rendered.

4.7.1 Consequences of Termination: Upon termination of your access to Iteksurvey’s Services, your account will be disabled, and you will no longer have access to any data, deliverables, or services associated with your account. Any outstanding obligations, including payment of fees, will remain in effect.

5. Fees and Payment

This section outlines the payment terms, pricing structure, and billing procedures associated with Iteksurvey’s Services. By engaging Iteksurvey for market research, consulting, or related services, the Client agrees to pay the fees stipulated in the agreement or proposal provided by Iteksurvey. All fees and payment terms are governed by this section unless otherwise agreed in writing by both parties.

5.1 Pricing Structure

Iteksurvey charges fees for its Services based on the scope, complexity, and specific requirements of the project. The following key points define the pricing structure:

• 5.1.1 Service Fees: The fees for each project or service are detailed in the proposal or agreement provided to the Client. These fees may include fixed-rate pricing for predefined services or hourly-based fees for consulting and ongoing services.
• 5.1.2 Additional Fees: Any additional services, such as expanded research, expedited timelines, or supplementary reporting, may incur additional fees. Iteksurvey will inform the Client of any such fees in advance, and these must be agreed upon in writing before the additional work is undertaken.
• 5.1.3 Taxes and VAT: Unless stated otherwise, all fees are exclusive of applicable taxes, including value-added tax (VAT), sales tax, or any other government levies. The Client is responsible for paying any such taxes associated with the Services provided.

5.2 Payment Terms

Payment terms, including due dates and methods of payment, are outlined in the Client’s proposal or agreement. The following terms apply unless otherwise specified:

• 5.2.1 Invoicing: Iteksurvey will issue invoices to the Client based on the agreed-upon payment schedule, typically either upon completion of project milestones or on a periodic basis (e.g., monthly, quarterly). Each invoice will detail the services rendered, fees due, and any applicable taxes.
• 5.2.2 Payment Due Date: Payments are due within 30 days of the date of the invoice unless otherwise specified in the agreement. Late payments may result in delays in the delivery of services or suspension of ongoing work.
• 5.2.3 Currency: Unless agreed otherwise, all payments must be made in USD. The Client is responsible for any currency conversion fees or bank charges associated with international payments.

5.3 Late Payments

In the event that a Client fails to make payment within the agreed timeframe, Iteksurvey reserves the right to take the following actions:

• 5.3.1 Late Fees and Interest: Iteksurvey may charge interest on overdue amounts at a rate of 1.5% per month or the maximum amount permitted by law, whichever is lower. Late fees may also be applied to cover administrative costs.
• 5.3.2 Suspension of Services: If payment is not received within 15 days after the due date, Iteksurvey reserves the right to suspend or terminate the provision of Services until full payment is made. The Client remains liable for all outstanding fees during the suspension period.
• 5.3.3 Collection Costs: The Client agrees to reimburse Iteksurvey for any reasonable costs associated with collecting overdue payments, including legal fees, collection agency charges, and other expenses.

5.4 Disputed Charges

If the Client believes that an invoice contains an error or disputes any charges, the following process must be followed:

• 5.4.1 Notification of Dispute: The Client must notify Iteksurvey in writing within 15 days of receiving the disputed invoice. The notification should specify the amount in dispute and the reasons for the dispute.
• 5.4.2 Resolution Process: Iteksurvey will review the dispute in good faith and work with the Client to resolve any discrepancies. Both parties agree to cooperate and provide any necessary documentation to facilitate resolution.
• 5.4.3 Payment of Undisputed Amounts: The Client must pay any undisputed portion of the invoice by the original due date. Only the disputed portion may be withheld during the resolution process.

5.5 Refunds and Credits

Refunds for services rendered will generally not be provided unless specifically agreed upon in writing. However, under certain circumstances, Iteksurvey may issue credits or partial refunds based on the following conditions:

• 5.5.1 Service Shortfalls: If Iteksurvey is unable to complete a project due to factors within its control, a partial refund or credit may be issued to the Client for the portion of the Services not delivered.
• 5.5.2 Cancellations: If a project is canceled by the Client after work has commenced, the Client remains responsible for payment of any work completed up to the point of cancellation. Iteksurvey may, at its discretion, issue a partial refund or credit for any unused portion of the Services.
• 5.5.3 Satisfaction Guarantee (Optional): If Iteksurvey offers a satisfaction guarantee for specific services, the terms of that guarantee, including eligibility for refunds, will be clearly stated in the agreement or proposal.

5.6 Payment Methods

Iteksurvey accepts the following payment methods, subject to agreement with the Client:

• 5.6.1 Bank Transfers: Clients may pay via bank transfer to the account details provided by Iteksurvey. Any fees associated with the transfer (e.g., international wire transfer fees) are the responsibility of the Client.
• 5.6.2 Credit/Debit Cards: Iteksurvey accepts major credit and debit cards for payments, subject to processing fees as outlined in the agreement.
• 5.6.3 Online Payment Platforms: Iteksurvey may accept payment through online payment platforms such as PayPal or other third-party payment processors. Additional processing fees may apply.

5.7 No Set-Off

The Client agrees to pay all fees and charges without any right of set-off, counterclaim, or deduction of any kind, except as required by law. Any withholding taxes or other government-imposed deductions must be discussed and agreed upon in advance.

5.8 Termination and Payment Obligations

In the event of termination of the agreement between the Client and Iteksurvey, the Client remains responsible for any outstanding fees for services provided up to the effective date of termination. Upon termination, Iteksurvey will issue a final invoice detailing any remaining fees due. Payment for these fees must be made in accordance with the payment terms outlined above.

6. Panelist Information

This section outlines the terms related to Iteksurvey’s proprietary panel of research participants (“Panelists”), including how the panel is managed, the use of panelist data, and the confidentiality obligations of both Iteksurvey and the Client. The insights and data gathered from the Panelists are a critical component of the research services provided by Iteksurvey, and this section ensures that the integrity, confidentiality, and proper use of panelist information are maintained.

6.1 Overview of the Panel

Iteksurvey maintains a proprietary panel composed of individuals who have voluntarily agreed to participate in market research studies. These individuals provide insights through surveys, focus groups, interviews, and other research methodologies. The panel includes professionals from various industries, demographics, and regions, ensuring that the data collected is diverse, reliable, and relevant to the Client’s needs.

• 6.1.1 Panel Composition: Iteksurvey’s panel is composed of pre-profiled individuals who meet specific criteria based on demographics (e.g., age, gender, income level, geographic location), professional background (e.g., industry, job role), and other characteristics relevant to the research objectives.
• 6.1.2 Panelist Participation: Panelists participate voluntarily and may receive incentives such as monetary compensation, vouchers, or other rewards for their participation in research activities.

6.2 Panel Management

Iteksurvey is responsible for the recruitment, management, and maintenance of the panel, ensuring that the panel remains representative and that data quality is upheld. The following terms govern the use of the panel:

• 6.2.1 Recruitment of Panelists: Panelists are recruited through various channels, including online platforms, professional networks, and referrals. Iteksurvey verifies the identity and qualifications of panelists to ensure that they meet the required criteria for participation.
• 6.2.2 Panelist Profiling: Upon joining the panel, each panelist completes a detailed profile that includes demographic, psychographic, and professional information. This profile is used to match panelists to research studies relevant to their expertise or background. Panelist profiles are regularly updated to ensure accuracy.
• 6.2.3 Engagement and Retention: Iteksurvey actively engages with its panelists to maintain high levels of participation and data quality. This includes offering incentives, providing feedback on research outcomes, and fostering a positive panelist experience.

6.3 Use of Panel Data

Panel data is collected, processed, and analyzed in accordance with applicable laws and industry standards. The following provisions govern the use of panel data:

• 6.3.1 Anonymity and Confidentiality: Data collected from panelists is anonymized to protect their identities. Iteksurvey uses aggregated data for research purposes, ensuring that individual responses are not linked to identifiable information unless explicitly agreed to by the panelist.
• 6.3.2 Data Ownership: Iteksurvey retains ownership of all raw data collected from the panel, including survey responses, interview transcripts, and other data points. The Client is granted a non-exclusive, non-transferable license to use the processed data and insights provided as part of the deliverables. The Client may not resell, redistribute, or use the raw panel data for any purpose other than the intended scope of the project.
• 6.3.3 Data Integrity: Iteksurvey takes measures to ensure the integrity and accuracy of the data collected from its panelists. This includes conducting quality checks, verifying responses, and using industry best practices to minimize bias and errors in data collection.

6.4 Panelist Data Protection

Iteksurvey is committed to protecting the privacy and confidentiality of panelist information in compliance with data protection laws, including the General Data Protection Regulation (GDPR) in the European Union and the California Consumer Privacy Act (CCPA) in the United States.

• 6.4.1 Data Collection Consent: All panelists provide informed consent to participate in research studies and for their data to be collected, processed, and used for market research purposes. Panelists are informed of their rights regarding their personal data, including the right to access, correct, or delete their data in accordance with applicable laws.
• 6.4.2 Data Security: Iteksurvey employs industry-standard security measures to protect panelist data from unauthorized access, disclosure, or breaches. This includes encryption of sensitive data, secure data storage, and access control measures that limit data access to authorized personnel only.
• 6.4.3 Data Retention: Panelist data is retained only for as long as necessary to fulfill the purposes of the research and to comply with legal and contractual obligations. Iteksurvey regularly reviews its data retention practices to ensure compliance with applicable laws.

6.5 Client Use of Panel Data

Clients who receive insights derived from Iteksurvey’s panel are bound by the following terms regarding the use of such data:

• 6.5.1 Permitted Use: The Client may use the panel data provided by Iteksurvey exclusively for the purposes specified in the agreement. The Client agrees not to use the data for any other purposes, including unsolicited marketing, personal contact, or redistribution to third parties, without prior written consent from Iteksurvey.
• 6.5.2 Confidentiality Obligations: The Client agrees to maintain the confidentiality of any non-public panel data or insights shared by Iteksurvey. This includes taking reasonable measures to protect the data from unauthorized access or disclosure. The Client must immediately notify Iteksurvey of any breach of confidentiality or security.
• 6.5.3 Limitations on Identifiable Data: In cases where identifiable data is provided to the Client (e.g., in a custom study where the Client needs to follow up with respondents), the Client must adhere to strict confidentiality and data protection guidelines. The Client is prohibited from contacting panelists directly unless specifically authorized by Iteksurvey and the panelist in question.

6.6 Panelist Incentives

Iteksurvey provides incentives to panelists as compensation for their participation in research activities. The following provisions govern the issuance and management of panelist incentives:

• 6.6.1 Incentive Structure: Incentives are structured based on the type, length, and complexity of the research study. Iteksurvey will disclose the nature of the incentive to panelists before they agree to participate in a study.
• 6.6.2 Incentive Distribution: Incentives are distributed after the completion of the study, subject to verification of the panelist’s participation and quality of responses. Iteksurvey reserves the right to withhold incentives if participation guidelines are not met (e.g., incomplete surveys, invalid responses).
• 6.6.3 No Client Responsibility for Incentives: Iteksurvey retains full responsibility for issuing incentives to panelists. The Client is not responsible for managing or distributing panelist incentives unless explicitly agreed upon in writing.

6.7 Changes to Panel and Panelist Terms

Iteksurvey reserves the right to modify, expand, or discontinue its panel or panelist terms at any time. Any changes to panel management practices, incentives, or data protection policies will be communicated to panelists in accordance with applicable laws. Clients will be informed of any changes that may impact ongoing research projects or data usage.

Intellectual Property

This section outlines the ownership and usage rights of intellectual property related to Iteksurvey’s Services, deliverables, and proprietary information. It establishes the Client’s rights and restrictions regarding Iteksurvey’s intellectual property and clarifies how intellectual property created during the provision of Services will be handled.

7.1 Ownership of Intellectual Property

Iteksurvey retains all rights, title, and interest in and to its intellectual property, including but not limited to research methodologies, tools, data analytics frameworks, software, algorithms, processes, and any other proprietary materials developed or used in the provision of its Services. This intellectual property is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

• 7.1.1 Iteksurvey-Owned IP: All content, data, reports, tools, and methodologies produced or provided by Iteksurvey in connection with the Services are and will remain the exclusive intellectual property of Iteksurvey. This includes but is not limited to pre-existing research models, proprietary software, templates, databases, and algorithms.
• 7.1.2 Client-Owned IP: Any intellectual property owned by the Client prior to engaging Iteksurvey, including proprietary data, trademarks, logos, and proprietary methodologies, will remain the property of the Client. Iteksurvey will not acquire any rights to the Client’s pre-existing intellectual property except as necessary to perform the Services.

7.2 Licensing of Deliverables

Upon full payment of all fees owed, Iteksurvey grants the Client a non-exclusive, non-transferable, worldwide license to use the final deliverables provided by Iteksurvey for the purposes outlined in the agreement. This license is granted solely for the Client’s internal use and is subject to the following conditions:

• 7.2.1 Permitted Use: The Client may use the deliverables solely for internal business purposes, including decision-making, strategy development, and internal reporting. The Client may not distribute, sublicense, or otherwise share the deliverables with third parties unless explicitly permitted by Iteksurvey in writing.
• 7.2.2 Restrictions on Use: The Client is prohibited from modifying, reverse-engineering, decompiling, or otherwise attempting to extract the source code or underlying methodologies of any proprietary software, tools, or models provided by Iteksurvey.
• 7.2.3 Attribution: The Client agrees to provide appropriate attribution to Iteksurvey when using or referencing the deliverables in external communications, presentations, or publications, unless otherwise agreed upon in writing.

7.3 Third-Party Intellectual Property

In the course of providing Services, Iteksurvey may incorporate third-party intellectual property, including data sets, software, or tools, which are subject to the terms and conditions of the applicable third-party licenses. The Client’s use of such third-party intellectual property will be governed by the relevant third-party license agreements, and Iteksurvey will make reasonable efforts to notify the Client of any such terms.

7.4 Protection of Intellectual Property

Both Iteksurvey and the Client agree to take reasonable steps to protect each other’s intellectual property rights. The Client acknowledges that any unauthorized use, reproduction, or distribution of Iteksurvey’s intellectual property will constitute a breach of this agreement and may result in legal action. Similarly, Iteksurvey agrees not to use or disclose any of the Client’s intellectual property without the Client’s express permission, except as necessary to provide the Services.

7.5 Violation of Intellectual Property Rights

If Iteksurvey becomes aware of any violation or infringement of its intellectual property rights, including unauthorized use of its deliverables or proprietary materials, Iteksurvey reserves the right to take appropriate legal action to protect its rights. The Client agrees to cooperate fully with Iteksurvey in any legal proceedings related to the enforcement of intellectual property rights.

8. Confidentiality

This section defines the obligations of both Iteksurvey and the Client concerning the protection of confidential information shared during the course of the business relationship. It establishes the standards for maintaining confidentiality and outlines the procedures for handling and disclosing confidential information.

8.1 Definition of Confidential Information

“Confidential Information” refers to any non-public, proprietary, or sensitive information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) in connection with the provision of Services. Confidential Information may include, but is not limited to:

• Business strategies, plans, and financial information.
• Proprietary research, methodologies, tools, and models.
• Customer lists, contact information, and marketing data.
• Technical information, such as software, designs, databases, and algorithms.
• Personal data of panelists or research participants.
• Any other information marked or otherwise identified as confidential.

Confidential Information may be disclosed orally, in writing, or electronically, and includes information that, by its nature, should reasonably be understood to be confidential.

8.2 Obligations of Confidentiality

Both Iteksurvey and the Client agree to maintain the confidentiality of all Confidential Information received from the other party, subject to the following obligations:

• 8.2.1 Non-Disclosure: The Receiving Party agrees not to disclose, share, or otherwise make the Disclosing Party’s Confidential Information available to any third party without the prior written consent of the Disclosing Party, except as required by law or as necessary to fulfill the obligations of the agreement.
• 8.2.2 Use of Confidential Information: The Receiving Party agrees to use the Confidential Information solely for the purpose of performing its obligations under the agreement. Confidential Information may not be used for any other purpose without the prior written consent of the Disclosing Party.
• 8.2.3 Protection of Confidential Information: The Receiving Party agrees to take reasonable measures to protect the confidentiality of the Disclosing Party’s Confidential Information, including restricting access to personnel who need to know the information to perform their duties and ensuring that any third parties involved in the performance of Services are bound by similar confidentiality obligations.

8.3 Exclusions from Confidentiality

The obligations of confidentiality do not apply to information that:

• 8.3.1 Public Domain: Is or becomes publicly available through no fault or breach of the Receiving Party.
• 8.3.2 Rightful Possession: Was already in the rightful possession of the Receiving Party before it was disclosed by the Disclosing Party.
• 8.3.3 Independent Development: Is independently developed by the Receiving Party without reference to or reliance upon the Confidential Information of the Disclosing Party.
• 8.3.4 Legal Disclosure: Must be disclosed by the Receiving Party as required by law, regulation, or court order, provided that the Receiving Party gives prompt notice to the Disclosing Party (unless prohibited by law) and cooperates with the Disclosing Party in seeking an appropriate protective order or other remedy.

8.4 Return or Destruction of Confidential Information

Upon termination or completion of the Services, or upon request by the Disclosing Party, the Receiving Party agrees to promptly return or destroy all Confidential Information in its possession, including copies, notes, or summaries derived from such information. The Receiving Party may retain copies of Confidential Information as required by law or for archival purposes, provided that such retained information remains subject to the confidentiality obligations outlined in this section.

8.5 Duration of Confidentiality Obligations

The confidentiality obligations of both parties will remain in effect for a period of five (5) years following the termination or completion of the agreement, unless otherwise agreed upon in writing.

8.6 Breach of Confidentiality

In the event of a breach of confidentiality by the Receiving Party, the Disclosing Party may seek injunctive relief, damages, or any other legal remedies available under applicable law. The Receiving Party agrees to indemnify the Disclosing Party for any losses, damages, or expenses incurred as a result of the breach.

9. Data Protection and Privacy

Iteksurvey is committed to protecting the privacy and personal data of its Clients, panelists, and research participants. This section outlines the data protection policies that Iteksurvey adheres to in compliance with relevant laws, such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), among other applicable regulations.

9.1 Compliance with Data Protection Laws

Iteksurvey processes all personal data in compliance with applicable data protection laws and regulations, including but not limited to:

• 9.1.1 General Data Protection Regulation (GDPR): Iteksurvey complies with GDPR requirements when processing the personal data of individuals located in the European Union (EU) and European Economic Area (EEA). This includes obligations related to lawful processing, consent, data subject rights, data transfers, and breach notification.
• 9.1.2 California Consumer Privacy Act (CCPA): For individuals located in California, Iteksurvey complies with the CCPA’s provisions, including providing notice regarding the collection and use of personal data, enabling data access and deletion rights, and offering an opt-out for the sale of personal data.

9.2 Collection of Personal Data

Iteksurvey collects personal data as necessary to provide its Services, including data from Clients, panelists, research participants, and website users. The types of data collected may include:

• 9.2.1 Client Data: Contact information, billing information, and project-related details that are necessary to deliver services.
• 9.2.2 Panelist and Research Participant Data: Demographic data (e.g., age, gender, location), professional data (e.g., job role, industry), survey responses, and other information provided voluntarily by participants during research activities.
• 9.2.3 Website User Data: Information collected via cookies, tracking pixels, and analytics tools when visitors interact with Iteksurvey’s website, as described in the Cookie Policy.

9.3 Lawful Bases for Processing

Iteksurvey relies on the following lawful bases for processing personal data:

• 9.3.1 Consent: In cases where consent is required (e.g., for participation in research studies or marketing communications), Iteksurvey will obtain explicit consent from the data subject before processing their personal data.
• 9.3.2 Contractual Necessity: Iteksurvey processes personal data necessary to fulfill contractual obligations with Clients or to provide requested services.
• 9.3.3 Legitimate Interests: Iteksurvey may process personal data for legitimate business interests, such as improving services, conducting internal analytics, or ensuring the security of data and systems, provided that these interests are not overridden by the rights and freedoms of data subjects.

9.4 Data Subject Rights

Individuals whose personal data is processed by Iteksurvey have the following rights under applicable data protection laws:

• 9.4.1 Right to Access: Individuals may request access to the personal data Iteksurvey holds about them, including information on how their data is being processed and for what purposes.
• 9.4.2 Right to Rectification: Individuals have the right to request corrections or updates to any inaccurate or incomplete personal data.
• 9.4.3 Right to Erasure (“Right to be Forgotten”): Individuals may request that Iteksurvey delete their personal data under certain circumstances, such as when the data is no longer necessary for the purposes for which it was collected.
• 9.4.4 Right to Restriction of Processing: Individuals may request the restriction of processing their personal data under specific conditions, such as when they contest the accuracy of the data or the lawfulness of processing.
• 9.4.5 Right to Data Portability: Individuals may request to receive their personal data in a structured, commonly used, and machine-readable format, and to have that data transmitted to another controller, where technically feasible.
• 9.4.6 Right to Object: Individuals may object to the processing of their personal data for certain purposes, including direct marketing and profiling activities.

9.5 Data Security

Iteksurvey implements appropriate technical and organizational measures to protect personal data against unauthorized access, loss, destruction, or alteration. These measures include:

• 9.5.1 Encryption: Personal data is encrypted both in transit and at rest using industry-standard encryption protocols.
• 9.5.2 Access Control: Access to personal data is limited to authorized personnel who require the information to perform their duties, and access is controlled through password protection and other security measures.
• 9.5.3 Regular Audits: Iteksurvey conducts regular security audits and vulnerability assessments to ensure the continued effectiveness of its data protection measures.

9.6 Data Retention

Iteksurvey retains personal data only for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce agreements. Data retention periods vary depending on the type of data and the context in which it was collected.

• 9.6.1 Client Data: Retained for the duration of the contract and for a reasonable period thereafter, in accordance with legal and accounting requirements.
• 9.6.2 Panelist and Participant Data: Retained as long as the individual remains active in Iteksurvey’s research panel or until the individual requests deletion of their data.

9.7 Data Transfers

In cases where personal data is transferred to or processed by third-party service providers located outside the EU/EEA or other jurisdictions with strict data protection laws, Iteksurvey ensures that appropriate safeguards, such as Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs), are in place to protect the transferred data.

9.8 Data Breach Notification

In the event of a data breach involving personal data, Iteksurvey will comply with applicable breach notification laws, including notifying affected data subjects and regulatory authorities where required. Iteksurvey will take immediate steps to mitigate any potential harm and prevent future breaches.

9.9 Client Responsibilities

Clients are responsible for ensuring that any data they provide to Iteksurvey complies with applicable data protection laws, including obtaining necessary consents from data subjects before sharing personal data with Iteksurvey. Clients must also notify Iteksurvey of any specific data protection requirements applicable to their business or jurisdiction.

10. Limitation of Liability

This section establishes the limits of Iteksurvey’s liability to the Client in connection with the Services provided. It is designed to protect Iteksurvey from excessive or inappropriate claims while ensuring that the Client has a clear understanding of their rights in case of disputes or issues arising from the Services.

10.1 Maximum Liability

Iteksurvey’s liability to the Client for any claims arising out of or related to the provision of Services, whether based on contract, tort (including negligence), or any other legal theory, will be limited to the amount of fees paid by the Client to Iteksurvey for the specific Services giving rise to the claim during the 12 months preceding the event that caused the liability.

• 10.1.1 Cap on Damages: Under no circumstances will Iteksurvey’s liability exceed the total fees paid by the Client for the Services in question, regardless of the nature or cause of the claim.

10.2 Exclusion of Certain Damages

To the fullest extent permitted by law, Iteksurvey will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• 10.2.1 Loss of Profits: Iteksurvey will not be liable for any loss of revenue, profits, or anticipated savings resulting from the use or inability to use the Services.
• 10.2.2 Loss of Data: Iteksurvey will not be responsible for any loss of data or corruption of data, unless it is directly attributable to Iteksurvey’s gross negligence or willful misconduct.
• 10.2.3 Business Interruption: Iteksurvey will not be liable for any disruption to the Client’s business operations or the loss of opportunity caused by delays, errors, or omissions in the Services.

10.3 Limitation on Warranties

Iteksurvey provides its Services on an “as-is” and “as-available” basis and makes no warranties or representations, whether express, implied, or statutory, regarding the accuracy, completeness, reliability, or suitability of the Services. This includes but is not limited to:

• 10.3.1 Implied Warranties: Iteksurvey expressly disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights.
• 10.3.2 Results Not Guaranteed: While Iteksurvey strives to provide accurate and actionable insights, the Company does not guarantee specific results or outcomes based on the use of its Services. The Client acknowledges that market research inherently involves uncertainty and variability.

10.4 Indemnification

The Client agrees to indemnify, defend, and hold harmless Iteksurvey, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• 10.4.1 Client’s Breach: The Client’s breach of these Terms and Conditions or any applicable law or regulation.
• 10.4.2 Misuse of Services: The Client’s misuse or unauthorized use of Iteksurvey’s Services, deliverables, or intellectual property.
• 10.4.3 Third-Party Claims: Any claims brought by third parties resulting from the Client’s use of the Services, including but not limited to claims of intellectual property infringement, data protection violations, or breach of confidentiality.

10.5 Force Majeure

Iteksurvey will not be liable for any failure or delay in performing its obligations under these Terms and Conditions due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government regulations, pandemics, or other unforeseen events (“Force Majeure”). If a Force Majeure event occurs, Iteksurvey will use reasonable efforts to mitigate the impact of the event and resume normal operations as soon as practicable.

• 10.5.1 Client Notification: In the event of a Force Majeure occurrence, Iteksurvey will notify the Client as soon as possible and may, at its discretion, suspend or terminate affected Services without liability.

10.6 Survival of Provisions

The limitations of liability and indemnification obligations outlined in this section will survive the termination or expiration of the agreement between Iteksurvey and the Client.

11. Dispute Resolution

This section outlines the procedures for resolving disputes that may arise between Iteksurvey and the Client regarding the Services, agreement, or any related matters. It sets forth the process for amicable resolution, mediation, and arbitration before pursuing legal action.

11.1 Informal Dispute Resolution

Iteksurvey and the Client agree to make good faith efforts to resolve any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or the provision of Services through informal negotiation before resorting to formal legal proceedings.

• 11.1.1 Notice of Dispute: If either party has a dispute, the party raising the issue must provide written notice to the other party, outlining the nature of the dispute, relevant facts, and any proposed resolutions.
• 11.1.2 Negotiation Period: Upon receipt of the notice, both parties will engage in discussions to resolve the dispute for a period of 30 days. Both parties agree to provide reasonable cooperation during the negotiation process.

11.2 Mediation

If the parties are unable to resolve the dispute through informal negotiation, they agree to submit the matter to mediation as a next step before pursuing arbitration or litigation.

• 11.2.1 Selection of Mediator: The parties will jointly select a mediator who is experienced in the subject matter of the dispute. If the parties cannot agree on a mediator, a neutral mediator will be appointed by an independent mediation service.
• 11.2.2 Mediation Process: The mediation process will be conducted confidentially and in good faith. The costs of mediation will be shared equally by both parties unless otherwise agreed.
• 11.2.3 Non-Binding Mediation: Mediation is non-binding, and the parties are not required to reach a settlement. However, any settlement reached in mediation will be documented in writing and will be binding upon both parties.

11.3 Arbitration

If the dispute is not resolved through negotiation or mediation, the parties agree to submit the matter to binding arbitration. Arbitration will be the exclusive means of resolving disputes, except as provided for legal remedies under specific circumstances.

• 11.3.1 Arbitration Rules: Arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA) or any other mutually agreed-upon arbitration organization.
• 11.3.2 Selection of Arbitrator: The arbitrator will be selected by mutual agreement of the parties or, failing that, by the arbitration institution. The arbitrator will have expertise in the subject matter of the dispute.
• 11.3.3 Location and Language: The arbitration will be conducted in Washington, and the proceedings will be held in the English language.
• 11.3.4 Binding Decision: The decision of the arbitrator will be final and binding upon both parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
• 11.3.5 Costs of Arbitration: The costs of arbitration, including the fees of the arbitrator and any arbitration administrative fees, will be shared equally by both parties unless otherwise determined by the arbitrator. Each party will bear its own legal fees unless the arbitrator awards legal costs to the prevailing party.

11.4 Litigation

In the event that a dispute cannot be resolved through arbitration, or if legal action is permitted by law or these Terms and Conditions, either party may bring legal action in the courts located in Wyoming, which shall have exclusive jurisdiction over any such disputes.

• 11.4.1 Equitable Relief: Notwithstanding the arbitration agreement, either party may seek equitable relief, such as injunctive relief or specific performance, in a court of competent jurisdiction for any violation of intellectual property rights, confidentiality, or other matters where damages may be an inadequate remedy.

12. Termination

This section outlines the terms and conditions under which the agreement between Iteksurvey and the Client may be terminated, as well as the consequences of termination for both parties.

12.1 Termination by Client

The Client may terminate the agreement with Iteksurvey under the following circumstances:

• 12.1.1 For Convenience: The Client may terminate the agreement for any reason by providing written notice to Iteksurvey at least 30 days in advance of the desired termination date. The Client will remain responsible for paying any fees for Services rendered up to the date of termination.
• 12.1.2 For Breach: The Client may terminate the agreement with immediate effect if Iteksurvey breaches any material provision of these Terms and Conditions and fails to remedy the breach within 14 days of receiving written notice from the Client specifying the breach and demanding its remedy.

12.2 Termination by Iteksurvey

Iteksurvey reserves the right to terminate the agreement under the following circumstances:

• 12.2.1 For Convenience: Iteksurvey may terminate the agreement for any reason by providing written notice to the Client at least 30 days in advance of the desired termination date. Iteksurvey will refund any prepaid fees for Services that will not be rendered due to early termination.
• 12.2.2 For Breach: Iteksurvey may terminate the agreement with immediate effect if the Client breaches any material provision of these Terms and Conditions and fails to remedy the breach within 14 days of receiving written notice from Iteksurvey specifying the breach and demanding its remedy.
• 12.2.3 Non-Payment: Iteksurvey may terminate the agreement with immediate effect if the Client fails to pay any fees owed to Iteksurvey within 15 days of the payment due date.

12.3 Termination for Cause

Either party may terminate the agreement immediately if:

• 12.3.1 Insolvency: The other party becomes insolvent, files for bankruptcy, or is subject to any proceedings related to its liquidation, insolvency, or assignment for the benefit of creditors.
• 12.3.2 Legal Requirement: Either party is required to terminate the agreement in compliance with applicable law, regulation, or court order.

12.4 Consequences of Termination

Upon termination of the agreement, the following terms will apply:

• 12.4.1 Payment of Outstanding Fees: The Client will remain responsible for paying all fees for Services rendered up to the effective date of termination. Iteksurvey will issue a final invoice detailing any outstanding fees, which must be paid by the Client within 30 days of the termination date.
• 12.4.2 Return or Destruction of Materials: Each party agrees to promptly return or destroy any materials, confidential information, or deliverables received from the other party, except as required to be retained by law or for archival purposes.
• 12.4.3 Access to Deliverables: The Client’s access to any deliverables, data, or reports provided by Iteksurvey during the term of the agreement will be terminated upon the effective date of termination, unless otherwise agreed in writing.

12.5 Survival of Obligations

The termination of the agreement will not affect any rights, obligations, or liabilities of either party that have accrued up to the date of termination, including but not limited to:

• 12.5.1 Confidentiality: The obligations related to confidentiality, as outlined in the Confidentiality section, will survive the termination of the agreement.
• 12.5.2 Intellectual Property Rights: The provisions regarding intellectual property rights will remain in effect post-termination.
• 12.5.3 Payment Obligations: Any unpaid fees or amounts due to Iteksurvey as of the date of termination will remain enforceable.

12.6 No Refunds

Except as expressly provided in these Terms and Conditions, Iteksurvey will not be obligated to refund any fees paid by the Client upon termination of the agreement, except for fees paid in advance for Services that were not rendered due to early termination initiated by Iteksurvey for convenience.

13. Force Majeure

This section covers situations where performance under the agreement is affected by events beyond the reasonable control of either party. It provides an outline for how such events should be handled and the respective responsibilities of Iteksurvey and the Client.

13.1 Definition of Force Majeure

“Force Majeure” refers to any event or circumstance that is beyond the reasonable control of the affected party, including but not limited to:

• Acts of God (e.g., floods, earthquakes, hurricanes)
• War, invasion, acts of foreign enemies, or hostilities (whether war is declared or not)
• Civil disorder, riots, strikes, labor disputes, or industrial actions
• Epidemics, pandemics, or public health crises (e.g., COVID-19)
• Government regulations, actions, or restrictions (e.g., embargoes, quarantines, lockdowns)
• Fire, explosions, or other unforeseen disasters
• Disruption or failure of utilities, transportation systems, or communication networks

13.2 Effect of Force Majeure

Neither party will be considered in breach of these Terms and Conditions or liable for any failure or delay in performance caused by a Force Majeure event, provided that the affected party:

• 13.2.1 Notification: Promptly notifies the other party in writing of the Force Majeure event and its expected impact on performance.
• 13.2.2 Mitigation: Takes all reasonable steps to mitigate the impact of the Force Majeure event and to resume performance as soon as practicable.

13.3 Suspension of Obligations

During the Force Majeure event, the obligations of the affected party will be suspended to the extent they are unable to perform due to the Force Majeure event. However, the non-affected party may terminate the agreement if the Force Majeure event continues for more than 60 days and substantially prevents the performance of the affected party’s obligations.

13.4 Exclusions

A Force Majeure event does not include financial hardship, changes in market conditions, or the inability to secure financing or fulfill payment obligations under these Terms and Conditions. The affected party remains liable for all payment obligations incurred prior to the occurrence of the Force Majeure event.

13.5 Termination Due to Force Majeure

If a Force Majeure event renders performance impossible or impractical for an extended period, either party may terminate the agreement by providing written notice to the other party. The party seeking termination must demonstrate that it has taken all reasonable steps to overcome the Force Majeure event.

14. Miscellaneous

This section covers various legal and contractual provisions that help to ensure the enforceability and proper interpretation of the agreement between Iteksurvey and the Client.

14.1 Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed severed from the agreement. The remaining provisions of these Terms and Conditions will continue in full force and effect, unless the invalidity or unenforceability of the provision substantially alters the nature of the agreement.

14.2 Waiver

The failure of either party to enforce any right or provision of these Terms and Conditions will not constitute a waiver of that right or provision. A waiver of any right or provision will only be effective if it is in writing and signed by the authorized representatives of both parties.

14.3 Entire Agreement

These Terms and Conditions, along with any proposals, agreements, or statements of work referenced herein, constitute the entire agreement between Iteksurvey and the Client with respect to the Services. This agreement supersedes all prior or contemporaneous communications, negotiations, and agreements, whether written or oral, between the parties regarding the subject matter hereof.

14.4 Assignment

Neither party may assign or transfer its rights or obligations under these Terms and Conditions without the prior written consent of the other party, except that Iteksurvey may assign or transfer its rights and obligations to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of its assets.

14.5 Relationship of the Parties

The parties are independent contractors, and nothing in these Terms and Conditions will be construed to create a joint venture, partnership, employment, or agency relationship between the parties. Neither party has the authority to act on behalf of or bind the other party in any way.

14.6 Governing Law

These Terms and Conditions will be governed by and construed in accordance with the laws of Wyoming, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms and Conditions will be subject to the exclusive jurisdiction of the courts located in Wyoming.

14.7 Notices

All notices, requests, and other communications required or permitted under these Terms and Conditions must be in writing and sent to the addresses provided by the parties. Notices may be delivered by email, courier, or certified mail, and will be deemed effective upon receipt by the intended recipient.

• 14.7.1 Email Notices: If notice is sent by email, it must be followed by a hard copy sent via certified mail to the recipient’s address within five (5) business days.

14.8 Amendments

Any amendments or modifications to these Terms and Conditions must be made in writing and signed by authorized representatives of both parties. Verbal modifications are not enforceable.

14.9 Survival

The provisions of these Terms and Conditions that, by their nature, are intended to survive termination or expiration, including but not limited to confidentiality, intellectual property, indemnification, and limitation of liability, will remain in effect after the termination or expiration of the agreement.

15. Contact Information

This section provides the contact details for iteksurvey, enabling the Client or any third party to reach out with questions, concerns, or notices related to these Terms and Conditions or the Services provided.

15.1 Contact Details

For any questions or inquiries related to these Terms and Conditions, the Services, or to provide legal notices, please contact Iteksurvey at the following:

• Company Name: Datadek Inc
• Email: info@datadek.com
• Website: www.datadek.com