(Downloadable PDF)Unless your Web Survey Agreement states otherwise, you shall receive the following features with your base edition of the Cvent Survey Product.
| Usage Limits | Free Trial | Basic | Premium | Professional | Enterprise |
| Contacts in Address Book | 100 | 5,000 | 10,000 | 20,000 | 20,000+ |
| Number of Surveys | 2 | 2 | Unlimited | Unlimited | Unlimited |
| Survey Responses* | 25 | Unlimited | Unlimited | Unlimited | Unlimited |
| Response Availability | Unlimited | Unlimited | Unlimited | Unlimited | Unlimited |
| Questions Per Survey | Unlimited | Unlimited | Unlimited | Unlimited | Unlimited |
| User Access (+$250/user) | 1 | 1 | 2 | 5 | 5+ |
| Emails | 100 | 25,000 | 75,000 | 150,000 | 150,000+ |
| Contact Management Database † |  |
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| Anonymous Surveys †† | |
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| Embed Various Media | |
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| Real-Time Reporting | |
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| Multi Format Export | |
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| WYSIWYG HTML Editors | |
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| Email Content Analysis Tool | |
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| Email Support (24 x 7) | |
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| Phone Support (24 x 5; weekend hrs) | |
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| Custom Mass Mail-Merge Tags | |
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| Question & Response Libraries | |
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| Graphical Templates (40+) | |
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| Security Restrictions | |
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| Kiosk Mode | |
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| Campaign Source Tracking | |
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| Full-featured Campaign Management | |
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| Opt-Out Tracking | |
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| Sub Questions | |
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| Branch Logic | |
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| Skip Logic | |
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| Multiple Responses per Contact | |
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| Pipe Logic | |
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| Cross Survey Reports | |
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| User/Group Management | |
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| Pre-launch Review & Commentary | |
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| Launch Approval & Management | |
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| Contact Database Segmentation | |
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| Advanced Logic | |
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| Secure Socket Layer Support | |
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| Response-triggered Email Alerts | |
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| Sender Email Addresses | 5 | 5 or more | |||
| Multiple Email Campaigns | |
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| Configurable Response Scoring | |
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| Customizable Export Values | |
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| Flexible Dashboard/Widget Views | |
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| Parked Reports (results distribution) | |
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| Dedicated Account Manager | |
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| API Access (integrate w/ other apps) | |
= Feature included in base user license.
* = Unlimited number of responses from contacts in the Cvent address book.
† = Address book capacity may vary between packages.
†† = Each anonymous survey response shall count as one contact added to the Cvent address book.
Additional contacts may be stored for $.25 per contact per year (only added in bundles of 1000 contacts). Additional emails may be sent for $.05 per email. Emails that do not include a link to a Cvent web survey (i.e. email newsletters) will be assessed an additional charge and are not included in any of the base packages listed above. Additional surveys may be launched for $250 per survey (only applies to Basic package clients and excludes test surveys which have no additional cost applied). Contact your Account Executive to purchase additional contact storage, annual emails, or additional surveys.
The Basic license allows for up to 5,000* contacts to be added to the Cvent address book. Each anonymous survey response shall count as adding one contact to the Cvent address book. An unlimited number of responses from Customer added contacts to the Cvent address book can be collected. The Premium license allows for up to 10,000* contacts to be added to the Cvent address book. Each anonymous survey response shall count as adding one contact in the Cvent address book. An unlimited number of responses from Customer added contacts to the Cvent address book can be collected. The Professional license allows for up to 20,000* contacts to be added to the Cvent address book. Each anonymous survey response shall count as adding one contact in the Cvent address book. An unlimited number of responses from Customer added contacts to the Cvent address book can be collected. The Enterprise license allows for over 20,000* contacts to be added to the Cvent address book. Each anonymous survey response shall count as adding one contact in the Cvent address book. An unlimited number of responses from Customer added contacts to the Cvent address book can be collected.
* Unless otherwise stated in the contract.
Cvent reserves the right to limit access to its Survey Product trial edition based on internal needs. Company may decline or revoke access to the trial edition without notice. Cvent is not responsible for Customer data within the trial edition and relies on Customer to maintain separate copies of the data.
You agree to pay all fees and other charges in accordance with your service agreement ("Agreement.") If you do not pay the fees or other charges when they are due, then a finance charge of two percent (2%) plus $100 per month or the maximum rate allowed by law if less will be assessed. Annual fees are charged per annum. As an example, if the contract term spans three years, you will be charged the annual amount three times.
If you exceed the contracted level of services during the term of your Agreement, you will be charged as specified in your contract, or if not specified, using the then-current rates for the overage. Where no limits for usage of application services are explicitly given in your contract, limits will apply as specified by product later in this document. Absent an automatic renewal term in your written agreement, if you continue to use the Services beyond your term, your Agreement will automatically renew for another term at then-current rates.
You are responsible for reporting and paying any applicable taxes.
If you become dissatisfied with the Services because of substantial non-performance, you shall give the Company detailed written notice of such dissatisfaction. Cvent shall have thirty (30) days to cure your dissatisfaction after receipt of such notice. If Cvent fails to cure such substantial non-performance, you may terminate this Agreement and Cvent will refund your unused annual fees on a monthly pro-rata basis starting as of the end of the thirty (30) day cure period.
Either party may terminate this Agreement if (i) the other party breaches any material term or condition and fails to cure within thirty (30) days written notice, or (ii) the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, liquidation or receivership.
In the event of non-payment by the Customer, Cvent may accelerate and declare all sums due, and to become due under this Agreement, immediately payable without notice or demand. All accelerated future payments due under this Agreement shall be discounted to their net present value at a discount rate of 5% per annum from the day of default. If you fail to pay fees when due, then you shall also be liable for all fees due during the term of the Agreement and any additional expenses (including but not limited to reasonable attorneys' fees and accrued interest) Cvent incurs in collecting such delinquent fees.
In the event of non-payment by the Customer, Cvent reserves the right to restrict access to the Services. Customer agrees that such restrictions do not modify the amounts due under their contract.
5.0 TERMS APPLICABLE TO ALL THREE (3) SOFTWARE PRODUCTS: (i) THE SUPPLIER NETWORK (ii) EVENT PRODUCT, AND (iii) SURVEY PRODUCT
License Grant
Cvent will provide you with non-exclusive access to the Company's owned and/or leased computer systems and certain proprietary and licensed software and other information (the "Services") as upgraded from time to time. You may use the Services only for purposes of performing your internal business operations or your clients' business operations outsourced to you. You may not use the Services as part of a commercial time-sharing or service-bureau operation or in any other resale capacity.
Responsibilities of Parties
You shall be responsible for the adequacy and accuracy of all data that you furnish to your account and our Company. Even though our Company maintains redundant servers, you are responsible for the back up of your data used in conjunction with the Services.
Our Company will assign you one or more user IDs and passwords that will enable you to access the Services. You shall take reasonable precautions to protect against theft, loss or fraudulent use of such IDs and passwords. You agree that you will use the Services only for lawful purposes and in accordance with these Terms of Use. I You shall not reverse engineer, disassemble or decompile the Services or cause or permit the reverse engineering, disassembly or decompilation of the Services.
Use of Data
Unless we have your permission, Cvent will not disclose or share personally identifiable information collected on our website with any third party (except as required by law or pursuant to a governmental request.)
No "Spamming" or Illegal Conduct
You will not use our Services for illegal activities or junk mail, chain letters, pyramid schemes, "spam" or distribution to any person who has not given specific permission to be included in such a process. If you use our Services for illegal conduct or to spam, we may terminate your access to the Services and seek immediate legal recourse. We recognize that what constitute spam is an inexact science, but reserve the right to base our analysis on, among other things, received complaints, observed email patterns, including rates of delivery and email percentage of emails sent reported as being read by Cvent's application. We may also take any self-help remedies necessary to prevent continued violations, including, but not limited to, deleting the contact information from your address book on behalf of those individuals who lodge complaints with our web-hosting company or us. You are still responsible for full payment of your Agreement even if your access to the Services is terminated for spamming or other illegal conduct.
Warranties
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND CVENT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, CORRESPONDENCE TO DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE. CVENT DOES NOT REPRESENT OR WARRANT BUT WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE SERVICES ARE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS USED FOR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
Our Company liability to you and your clients, if applicable, for any recoverable losses or damages arising under any Agreement shall be limited to the amount of your actual direct damages, not to exceed (in the aggregate for all claims) the total annual amount paid under the Agreement during its then-current term. If no fee is paid to Cvent, Cvent's does not retain any liability.
IN NO EVENT WILL CVENT OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, MANUFACTURE OR DISTRIBUTION OF ANY SOFTWARE, SERVICES OR OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT BE LIABLE FOR: (i) ANY DAMAGES CAUSED BY YOUR FAILURE OR THAT OF YOUR CLIENTS, INVITEES, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS TO PERFORM THEIR RESPONSIBILITIES; (ii) ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR (iii) ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF CVENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CVENT WILL NOT BE HELD RESPONSIBLE, OR CONSIDERED TO HAVE FAILED TO MEET ITS OBLIGATIONS UNDER THIS AGREEMENT, IF IT EITHER DELAYS PERFORMANCE OR FAILS TO PERFORM AS A RESULT OF ANY CAUSE BEYOND ITS REASONABLE CONTROL.
These limitations of liability will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in this Agreement.
Laws and Disputes
This Agreement will be governed by the laws of the Commonwealth of Virginia without regard to any conflict of law principles. Customer and Cvent agree to a venue of the state and federal courts of Arlington, Virginia for all matters arising with respect to the services agreement between the parties. The parties waive their right to a jury trial.
Notice
Any notice pursuant to this Agreement shall be in writing and shall be deemed to have been duly given: (i) five (5) business days after the date of mailing if sent by registered or certified U.S. mail, postage prepaid, with return receipt requested; (ii) when delivered if delivered personally or sent by express courier service; (iii) when transmitted if sent by a confirmed facsimile; or (iv) when transmitted via email, provided that the receiving party acknowledges receipt by return email, and that the email clearly states in the subject line that it is intended to give notice under this Agreement.
Non-solicitation
You agree that you, your organization and affiliates, will not attempt to hire, or assist in hiring anyone currently employed by Cvent, Inc. You further agree that should such a situation occur, Cvent would be caused irreparable harm and be entitled to injunctive relief.
Intellectual Property and Protection of Content for Cvent Supplier Network and Cvent Website
You acknowledge that Cvent or its licensors retain all copyright, trademark, trade secret, patent and other proprietary and intellectual property rights to the Services, and any or all modifications to the Services, related documentation and marketing materials regardless of (i) whether such intellectual property notices appear on the materials or (ii) whether such intellectual property notices have been filed with governmental agencies. Nothing in this Agreement will directly or indirectly be construed to assign or grant you any right of ownership, title or interest in the Services, or any intellectual property rights relating thereto.
All users agree not to disclose to anyone Cvent's trade secrets and that you will not use any of the information available on Cvent's web site to compete against Cvent or reverse engineer our product offerings. No competitors or future competitors are permitted access to our site or information, and any such access by third parties is unauthorized. You agree that you will not copy, record, publish, compile, reproduce, republish, use or resell for any competing commercial purpose any information on our site. In addition, you agree to pay all reasonable attorney's fees and costs incurred in enforcing these provisions.
To the best of Cvent's knowledge, all material published by Cvent on its web pages and other media properties, are done in full agreement with the original copyright owners (be that Cvent or another party). If You come across a situation where you suspect that this may not be the case, in accordance with the Digital Millennium Copyright Act (DMCA), we ask that you contact
Cvent, Inc.
ATTN: General Counsel
8180 Greensboro Drive, suite 450
McLean, VA 22102
(703) 226 3500
legal@cvent.com
General
Except in the case of a merger, acquisition or sale of substantially all assets, neither party may assign or otherwise transfer any right or obligation set forth in the Agreement without the other party's prior written consent. The Agreement will be binding upon the parties' respective successors and permitted assigns.
The Agreement and this Terms of Use supercede any prior agreement or understanding between the parties whether oral or written. The provisions of this Agreement shall be deemed severable, and the unenforceability of any one or more provisions shall not affect the enforceability of any other provisions.
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