Terms of Service
The following terms and conditions govern all access to and use of the services offered by Qin G.K., including but not limited to the assort.app web application (“Website”), and service (together, the Assort Poll Service”) including all content, services and products available at or through the Assort Poll Service, other Assort services (collectively, the “Services”).
Our Services are owned and operated by Qin G.K., a company registered in Japan under company number 2013303005753 whose registered office is at Mimoza Bld.3F, 2-11-10, Minami Otsuka, Toshima-ku, Tokyo, Japan (Assort Poll”, “we”, “our” or “us”). Our Services are offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website (collectively, the “Agreement”).
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the terms and conditions of the Agreement. If you access or use the Services as an employee, consultant or agent of a company or other entity, you represent that you are an employee, consultant or agent of that company or entity, and that you have the authority to bind that company or entity to this Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use our Services.
Assort Poll & Slack
1. Description of the Assort Poll Service
Our Assort Poll Service is productivity software that allows you to create polls, surveys, gather feedback and make quick decisions inside Slack, that all members of your workspace can interact with.
Assort Poll may also, in the future, update current services and/or features or offer new services and/or features to the Assort Poll Service (including, the release of new tools). Such updated or new features and/or services shall be subject to the terms and conditions of the Agreement.
Access to the Assort Poll Service is permitted on a temporary basis. We reserve the right to modify or discontinue offering or updating the Assort Poll Service at any time without notice.
2. No association with Slack
Assort Poll and Slack Technologies Inc, the provider of the Slack communication service, (“Slack”) are different entities. There is no relationship between Assort Poll and Slack, other than Assort Poll being a licensee and user of the Slack API for the purpose of providing the Assort Poll Service. Slack is not responsible for the Assort Poll Service and will not provide support for the Assort Poll Service.
The Agreement does not apply to your use of the Slack services. Such use is governed by the Slack Terms of Service available on the website slack.com
3. Your Assort Poll Account and Personal Data
To use the Assort Poll Service, you must first create a Assort Poll user account (“Assort Poll Account”) by signing into your Slack account on the Website and following any prompts.
You may create a Assort Poll Account in your personal capacity (in which case the terms “you” or “your” apply to yourself only) or on behalf of a company or other legal entity which you have the authority to bind (in which case the terms “you” or “your” shall refer to such entity and all permitted Members and Administrative Users) as defined in the Slack Terms of Service.
You are fully responsible for all activities that occur under your Assort Poll Account and any other actions taken in connection with it, whether by yourself or other users. You must immediately notify Assort Poll of any unauthorised uses and users of your Assort Poll Account or any other breaches of security. Assort Poll will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Polls & Surveys created by you and your team members via the Slack services using the Assort Poll Service may contain proprietary and confidential information. By using the Assort Poll Services you grant us the right to transmit and store the information contained in these polls and surveys for the purpose of providing the Assort Poll Services and you warrant that other team members have also consented to such use by us.
You warrant that you are the creator or licensee of, or have the authority from the creator(s) of, all intellectual property rights in the polls and surveys and that use of them in these by us as contemplated by the Agreement does not violate the terms of the Agreement, applicable law, or the intellectual property rights of others.
You will be liable to us and indemnify us for any loss or damage suffered as a result of your breach of the warranties contained in this clause 4.
General Legal Terms
5. Capacity to Contract
In order to use our Services, you must be 13 years of age or older and create a user account (“Account”). You must also have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws.
You may access and use our Services on any of our subscription plans:
Free Service: This subscription plan allows you to interact with our Services with some basic functions for free; or
Paid Subscriptions: These Paid Subscriptions allow you fewer restrictions and access to a more advanced set of functionality. Different Paid Subscription levels may be available.
You may only use our Services within the limits of your subscription level. You may upgrade your subscription level at any time.
6.1 Purchase of Paid Subscriptions
You agree to pay Qin G.K. all amounts specified in the applicable subscription plan in accordance with the Agreement.
By providing your payment instrument details, you authorize Qin G.K. or companies who work on our behalf, such as payment processors, to bill your payment instrument in advance for the relevant subscription fee on the date you purchase a Paid Subscription to one (the “Initial Billing Date”) and on each monthly or annual anniversary (as applicable, depending on your chosen subscription plan) of the Initial Billing Date (the “Subsequent Billing Date(s)”). The Initial Billing Date and any Subsequent Billing Dates are together referred to herein as the “Billing Date(s)”. The relevant subscription fees:
are, subject to clause 6.4, non-refundable; and
are exclusive of any applicable sales tax, which shall be added to the bill at the appropriate rate.
If, for any reason, we are unable to bill your payment instrument or process the payment of the relevant subscription fee within thirty (30) days of the Billing Date, and without prejudice to any of our other rights and remedies:
we may, without liability to you, disable your Account and access to all or part of the Services and we shall be under no obligation to provide any or all of our Services; and
interest shall accrue on a daily basis on such due amounts at an annual rate equal to 5% over the then current base lending rate of HSBC from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
If you dispute any charges you must let Qin G.K. know within twenty (20) days after the Billing Date.
We reserve the right to change our prices for the Paid Subscriptions in the future. Price changes for existing Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. If we do change prices, we will provide you with at least one month’s notice of the change on the Website and in an email to you. Your continued use of our Services after the price change becomes effective and constitutes your agreement to pay the new price.
6.2 Automatic Renewal
Your Paid Subscription will automatically renew at the end of every month or year (as applicable, depending on your chosen subscription plan) after the Billing Date, unless you cancel your Paid Subscription in accordance with clause 6.4.
6.3 Changes to level of Paid Subscription
Changes to your Paid Subscription level, including the reduction or addition of features and limitations on the use of our Services, shall take effect immediately.
6.4 Cancellation of Paid Subscription
You may cancel your Paid Subscription by notifying us at email@example.com. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. Subject to clause 6.4(b), you will not receive a refund for subscription fees paid to us.
If you are a consumer residing in the United Kingdom or the European Union, and do not use our Services for business purposes, you have the right to cancel your Paid Subscription and receive a full refund within fourteen (14) days of purchase.
From time to time, Qin G.K. may offer trials of a Paid Subscription for a specified period without payment (“Trial”). Qin G.K. reserves the right, in our absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
For some Trials, Qin G.K. will require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to bill you for the Paid Subscription on the first day following the end of the Trial in accordance with clause 6.2. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your subscription to the Free Service by notifying us at firstname.lastname@example.org before the end of the Trial.
8. Money Back Guarantee
If our Services do not for any reason meet your expectations, you may request that Qin G.K. immediately cancel your Paid Subscription and refund all subscriptions fees paid to us up until that date, provided that:
you request the refund from Qin G.K. by contacting us at email@example.com within thirty (30) days after the date the Paid Subscription was initially purchased;
the subject Paid Subscription is the first Paid Subscription for our Services you have purchased (including under a different Account);
you have fully complied with the terms of the Agreement; and
you have not upgraded your Paid Subscription.
9. Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services and in the material published on it. We grant you: a limited, non-exclusive, revocable license to make use of our Services (excluding the Website) within the limits of the Subscription level you have purchased; and
This license shall terminate when the Agreement terminates in accordance with clause 12.
The Agreement does not transfer any of Qin G.K.’s or its licensors’ intellectual property to you. Title to such intellectual property will remain solely with Qin G.K. or its licensors (as applicable).
All Qin G.K., trademarks, service marks, trade names, logos, domain names, and any other features of our brands are the sole property of Qin G.K.. Your use of our Services grants you no right or license to reproduce or otherwise use any of Qin G.K.’s trademarks, service marks, trade names, logos, domain names or any other features of our brands, whether for commercial or non-commercial use.
10. Third Party Sites
Our Services may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
We reserve the right to change the Agreement at any time for any reason. Any changes we may make to the Agreement in the future will be notified to you by posting an updated version of the Agreement on this page. Your continued use of or access to our Services following the changes to the Agreement constitutes acceptance of those changes.
Qin G.K. may terminate the Agreement and suspend your access to all or any part of our Services immediately by contacting you at your email address on record if:
you commit a breach of the Agreement, as determined by us in our discretion, or we suspect that may be the case; or
we consider termination necessary to protect the integrity or security of the systems used by us at any time.
If you wish to terminate the Agreement, you must cease usage of our Services.
On termination of the Agreement by any party and for any reason all rights granted to you under the Agreement shall cease and you must immediately cease all activities authorized by the Agreement, including your use of our Services.
13. Disclaimer of Warranties
To the maximum extent permitted by law, our Services are provided “as is” and “as available”. Qin G.K. hereby disclaims all warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, the warranties of merchantability and fitness for a particular purpose and non-infringement. Qin G.K. does not warrant that our Services will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted. You understand that you are using our Services at your own discretion and risk.
The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.
14. Limitation of Liability
In no event will Qin G.K. be liable with respect to any subject matter of the Agreement under contract, negligence, strict liability or other legal or equitable claim for: (i) any indirect, special, incidental or consequential loss or damages; (ii) loss of profit, business, revenue, anticipated savings, business opportunity; (iii) the cost of procurement for substitute products or services; or (iv) the cost of interruption of use or loss or corruption of data.
Our maximum aggregate liability under or in connection with the Agreement shall in all circumstances be limited to twice the fees paid by you to Qin G.K. in the one (1) year under the Agreement prior to the cause of action.
Qin G.K. shall have no liability for any failure or delay where such failure or delay in performing its obligations under the Agreement results from a cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, pandemic, governmental action or any other event that is beyond the control of the Party in question. The foregoing shall not apply to the extent prohibited by applicable law.
15. General Representation and Warranty
You represent and warrant that your use of our Services will be in strict accordance with the Agreement. In particular, you represent and warrant that:
you will comply with the Slack Terms of Service at all times;
you will provide us with accurate information (where required);
you will not use our Services for the purposes of dealing with an emergency (please contact the emergency services in this instance);
you will not use our Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into our Services;
you will not infringe our intellectual property rights or those of any third party in relation to your use of our Services;
you will not do any of the following in relation to your use of our Services:
be obscene, offensive, hateful or inflammatory,
defame any person,
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
promote any illegal activity,
promote sexually explicit material,
disclose the name, address, telephone number, e-mail address or any other personal data in respect of any individual without their consent,
harass, upset, embarrass, threaten, alarm or annoy any other person,
be likely to mislead or deceive any person,
impersonate any person, or misrepresent your identity or affiliation with any person,
contain any advertising or promote any services or web links to other sites;
you will not use our Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
you will not collect or harvest any information or data from any content or our systems or attempt to decipher any transmissions to or from the servers running our Services.
In the event that you breach this clause 15, Qin G.K. may terminate your access to our Services immediately.
You agree to indemnify and hold harmless Qin G.K. and its respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees arising out of your use of our Services, including but not limited to your violation of the Agreement.
17. Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Japan without regard to its conflict of law provisions.
Disputes between the Company and the User shall be governed by the laws of Japan, and the Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction as the court of first instance, depending on the amount of the lawsuit.
The Agreement constitutes the entire agreement between Qin G.K. and you concerning the provision of our Services.
The Agreement is between you and us and is not intended to grant rights, including the right to enforce any of its terms, to any other person. Any failure or delay by us to enforce the Agreement or any provision thereof shall not waive our right to do so.
We may transfer our rights and obligations under the Agreement to a third party, but this will not affect your rights under the Agreement.
Each of the terms and conditions of the Agreement operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and will be construed as far as possible to give effect to the parties’ intentions as originally expressed in the Agreement.
If you have any questions, comments or requests regarding the Agreement, please email firstname.lastname@example.org
- Last updated: October 1, 2022