1. Who operates Resonel
Resonel is operated by Flink Labs Pty. Ltd. (ACN 135 445 911) (Flink Labs, we, us or our) of 425 Smith St, Fitzroy 3065, Victoria, Australia.
These Terms apply to people who access Resonel's website, administration portal, results portal, APIs or related services as an authorised user (you).
Resonel is generally provided to an organisation (Customer). If you use Resonel for a Customer, you must also comply with the Customer's policies and instructions. If we and the Customer enter into a separate written agreement, that agreement takes precedence over these Terms to the extent of any inconsistency.
Completing a survey created or commissioned by a Customer does not, by itself, make a survey respondent an authorised portal user or require the respondent to accept these Terms. Information about survey participation is provided in the notice accompanying that survey and in our Privacy Policy.
2. Accepting these Terms
By creating or using an authorised account, accessing a restricted portal, or using an API credential, you agree to these Terms. If you access Resonel for an organisation, you confirm that you are authorised to do so.
If you do not agree to these Terms, do not use an authorised account, restricted portal or API credential.
3. Eligibility and accounts
You must have legal capacity to agree to these Terms and must be authorised by the relevant Customer to access Resonel.
You must:
- provide accurate account information;
- keep sign-in links, codes, API credentials and other access methods secure;
- use only the account and permissions assigned to you;
- promptly notify the Customer or us if you suspect unauthorised access; and
- sign out or otherwise secure access when using a shared device.
You are responsible for activity carried out using your account to the extent permitted by law, except where that activity results from our failure to use reasonable care or comply with applicable law.
4. Permitted use
You may use Resonel only:
- for the Customer's authorised business purposes;
- within the permissions granted to you;
- in accordance with applicable law, these Terms and any separate written agreement with the Customer; and
- in a way that respects the privacy, confidentiality and rights of survey respondents and other users.
You must not:
- attempt to access another organisation's data or another user's account;
- bypass access controls, privacy thresholds, rate limits or security measures;
- introduce malicious code or interfere with the availability or integrity of the service;
- scrape, probe or test the service without our written permission, except where applicable law gives you a right that cannot be excluded;
- use Resonel to collect or process information unlawfully;
- include names, email addresses, exact ages or other unnecessary identifying fields in retained survey-response data unless the Customer has expressly agreed this with us and has an appropriate lawful basis and notice;
- upload content that infringes another person's rights; or
- use survey results or respondent information in a way prohibited by the Customer's policies, notices or applicable law.
5. Customer content and survey data
As between Flink Labs and the Customer, the Customer retains its rights in information, survey materials and other content supplied to Resonel (Customer Content). Respondents and other third parties may retain rights in information they provide.
The Customer grants us only the rights reasonably necessary to host, secure, transmit, back up, display and otherwise process Customer Content to provide the service, comply with the Customer's documented instructions, and meet our legal obligations.
When a public browser survey is completed, Resonel removes its raw IP address, browser metadata, device fingerprint and session token from the retained response. Keyed integrity digests may be retained separately for up to seven days for automated fraud prevention.
Information submitted through the Resonel API, including metadata and external identifiers, is supplied by or on behalf of the Customer and is governed by the Customer's configuration, instructions and notices. The Customer is responsible for ensuring that this information is appropriate, lawfully supplied and covered by any required privacy notice or consent.
Survey answers, free-text comments, demographic combinations and pseudonymous identifiers may nevertheless remain personal or sensitive information and must be handled accordingly.
We will not use identifiable Customer Content or survey responses to train a general-purpose artificial intelligence model or for an unrelated product-improvement purpose unless this is expressly authorised in a written agreement and permitted by applicable law.
We may use service telemetry and information that has been aggregated or de-identified so that it no longer identifies the Customer or an individual to operate, secure, measure and improve Resonel, subject to any separate written agreement and applicable law.
6. Privacy and confidentiality
Our Privacy Policy explains how we handle personal information for our own operational purposes and how we process survey information for Customers.
You must treat non-public survey information, respondent comments, results, reports and Customer information as confidential. You may access, use, download and disclose that information only as authorised by the Customer and applicable law.
Any confidentiality and data protection obligations in a separate written agreement with the Customer continue to apply.
7. Our intellectual property
We and our licensors retain all rights in Resonel, including its software, designs, documentation, branding and service-generated materials, other than Customer Content.
While these Terms apply, we grant you a limited, non-exclusive, non-transferable and revocable right to use Resonel for the authorised purposes described above. This right does not permit you to copy, sell, license or create a competing service from Resonel or its non-public components.
Nothing in these Terms prevents you from giving feedback. If you choose to provide feedback about Resonel, you permit us to use it without restriction or payment, provided we do not identify you or disclose the Customer's confidential information without permission.
8. Third-party services
Resonel may depend on or link to third-party hosting, communications, artificial intelligence, integration or content-delivery services. Some integrations may be selected or configured by the Customer.
Third-party services may have their own terms and privacy practices. We remain responsible for our obligations under applicable law and any separate written agreement, but we are not responsible for a separate service that you or the Customer independently chooses to use.
9. Service operation and changes
We may maintain, update or change Resonel to improve security, reliability or functionality. We will use reasonable care to avoid material disruption and will provide notice of material changes where required by any separate written agreement or applicable law.
Features may occasionally be unavailable because of maintenance, incidents or circumstances outside our reasonable control. Any agreed service levels, support commitments and remedies are governed by the separate written agreement with the Customer, if one applies.
10. Suspension and termination
We may suspend or restrict access where reasonably necessary to:
- address a security risk;
- prevent unlawful or unauthorised use;
- protect Resonel, a Customer, respondents or other users;
- comply with law or a binding direction; or
- respond to a material breach of these Terms or any separate written agreement.
Where practicable, we will notify the Customer and limit a suspension to the affected access or activity.
You may stop using Resonel at any time. The Customer controls whether your organisational access remains authorised. Survey responses retained without unnecessary identifying fields currently remain in Resonel until they are no longer needed or the Customer removes them or asks us to remove them, subject to applicable law. Any separate written agreement and our Privacy Policy may impose additional requirements.
11. Consumer rights and warranties
Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded, including any applicable rights under the Australian Consumer Law.
Subject to those non-excludable rights and any express written commitments, Resonel is provided on an "as available" basis. We do not promise that every feature will always be uninterrupted or error-free, or that Resonel will meet a purpose that has not been agreed with the Customer.
Where the law permits us to limit a remedy for breach of a non-excludable guarantee, our liability is limited, at our option, to supplying the relevant services again or paying the reasonable cost of having them supplied again.
12. Liability
If a separate written agreement with a Customer applies, the exclusions and limits of liability in that agreement govern claims connected with the Customer's use of Resonel.
For use not governed by a separate written agreement, and to the maximum extent permitted by law:
- neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable; and
- our total aggregate liability arising from or in connection with that use is limited to the fees paid to us for Resonel during the period beginning on the date the event giving rise to the loss occurred and ending on the date the loss was first reported to us.
These limitations do not apply to liability that cannot lawfully be limited or excluded.
13. Changes to these Terms
We may update these Terms for legitimate reasons, including changes to Resonel, our operating practices or applicable law.
We will publish the updated Terms with a new effective date. If a change materially affects authorised users' rights or obligations, we will provide reasonable advance notice to the Customer or affected users where practicable. A material change will not retrospectively alter accrued rights or override an existing separate written agreement.
If you do not agree to an updated term, stop using Resonel and contact the Customer that authorised your access.
14. Governing law
These Terms are governed by the laws of Victoria, Australia. The courts of Victoria have non-exclusive jurisdiction, unless applicable law or a separate written agreement requires otherwise.
15. Contact
Questions about these Terms may be sent to:
- Flink Labs Pty. Ltd. (ACN 135 445 911)
- Email: support@flinklabs.com
- Address: 425 Smith St, Fitzroy 3065, Victoria, Australia