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Qualtrics Social Connect Product Terms of Service

These Qualtrics Social Connect Product Terms of Service (“Product Terms”), together with, as applicable, the Qualtrics Terms of Service located at https://www.qualtrics.com/terms-of-service/ or the master services agreement between Qualtrics, LLC (“Qualtrics”) and you (“Customer”), govern any Order Form, statement of work or service order between Qualtrics and Customer to the extent related to the purchase of Qualtrics Social Connect products. All capitalized terms not defined herein will have the meanings set forth at https://www.qualtrics.com/terms-of-service/. Modifications to these terms. Qualtrics may modify these product terms at any time by posting a revised version on this website (https://www.qualtrics.com/connect-terms/) or otherwise providing notice to Customer. By continuing to use the Cloud Service after the effective date of any modifications to these product terms, Customer agrees to be bound by the modified terms.

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1. DEFINITIONS
  1. A “Consumer” means the person or entity with whom the Customer and/or its agent is messaging. Customer and Consumer must reply within 24-hours of a Consumer message otherwise such Conversation shall be counted as an additional Conversation.
  2. “Consumer Initiated Conversation” means an exchange of any number of sent or received messages between Customer and/or its agent and a Consumer, which are measured in 24-hour increments, or “sessions”, that start whenever the first message from a business is delivered.
  3. “Conversation” means an exchange of any number (subject to an average cap of 50 across monthly conversations) of sent or received messages between Customer and/or its agent and an individual chat participant over a single message system (i.e., WeChat, SMS, Kakao, Viber, Line or Web Chat Profile) within a calendar month.
  4. “Stream Units” means the stream units Customer has purchased in the Order Form(s) it has in place with Qualtrics.
  5. “Third Party Content” means all data, social media content, posts, blogs, surveys, ratings, reviews, feedback or any other information collected or otherwise obtained from any website by Customer using the automated tools within the Cloud Services, including without limitation, Facebook, Twitter and LinkedIn.
  6. “WhatsApp Enterprise Profile” means one messaging account with WhatsApp.
2. PRODUCT DESCRIPTION AND TERMS
  1. Qualtrics Social Connect: User(s) will have access to multiple mailboxes with tailored smart-folders, real-time engagement dashboard with up to 2,000 canned responses and unlimited publishing guidelines, analytics and reporting, built-in notification center for team collaboration, manual and automated assignments, up to 200 specialized reports and dashboards, advanced email alerts, up to 50 watchdogs for SLA tracking and alerting, workflow automation and approval flows, team performance dashboard including handle time tracking and statistics, specialized user roles with up to 100 business hour schedules, playbooks, built-in post-interaction CSAT/NPS surveys, automated response flows and bot handover, unlimited free analytics users and CRM Integration. Cloud Services are purchased as user subscriptions and may be accessed by no more than the specified number of users.
  2. Standard Stream (Each set of 10 Standard Streams (or portion thereof) beyond those included in the Order Form requires the purchase of an additional 10 Stream Units): Each Standard Stream includes one (1) search (a “search” being one of the Customer’s individual social media profiles or a keyword search within a social media channel) and up to three hundred thousand (300,000) annual mentions per search. To the extent a search exceeds three hundred thousand (300,000) annual mentions, additional Standard Streams (as necessary) will be counted toward such search. Standard Streams will be counted in this manner until all purchased Standard Streams applicable to the Subscription Term have been utilized. Standard Streams that are not utilized during the applicable annual (or otherwise specified) term will be forfeit.

    3. Premium Stream types (Each Premium Stream beyond those included in the Order Form requires the purchase of an additional 10 Stream Units)

  3. WhatsApp Consumer Initiated Stream*: One WhatsApp Consumer Initiated Stream includes: (a) management of one (1) WhatsApp Enterprise Profile, and (b) receipt and processing of up to one thousand (1,000) monthly Consumer Initiated Conversations. To the extent more than one thousand (1,000) monthly Consumer Initiated Conversations are received with regard to a WhatsApp Consumer Initiated Stream, additional Consumer Initiated Conversations (as necessary) will need to be purchased (or if already purchased, have 10 additional Stream Units counted toward the purchase thereof) to permit receipt and processing of such Conversations. Consumer Initiated Conversations that are not utilized during the applicable annual (or otherwise specified) term will be forfeit. This stream is subject to WhatsApp approval. Customer hereby accepts and agrees to comply with the WhatsApp Business Solution Terms found at https://www.whatsapp.com/legal/business-solution-terms/
  4. App Store Application Stream Monitoring*: “Application” means a single application sold in an application store (“App Store”), such as the Acme Hotel Booking App, from one (1) App Store (e.g., the results for such individual Application appearing on Google Play). Annual subscription to use data monitoring and retrieval tools to access and retrieve up to three hundred thousand (300,000) annual mentions (or a ratable portion of such amount for terms of less than one year) with regard to one (1) individual Application from one (1) App Store (e.g., the results for such individual Application appearing on Google Play). The Application and the App Store site(s) must be chosen and assigned at execution of the subscription and cannot be changed during the Subscription Term. To the extent the results for such Application exceeds three hundred thousand (300,000) annual mentions (or ratable portion thereof) or Customer desires to track more than one Application or to track the Application on more than one App Store, an additional stream or additional streams (as necessary) can be purchased. Streams or any portion thereof that are not utilized during the applicable annual (or otherwise specified) term will be forfeit. As between the Parties, Customer alone is responsible for selection of all Applications and App Store sites from which annual mentions will be retrieved and such retrieval is subject to the Third Party Content obligations set forth in the Agreement. While Qualtrics will use commercially reasonable efforts to provide the Application Stream Monitoring services described herein, these services shall not be deemed Cloud Service offerings for the purposes of the SLA.
  5. Chat Stream*: Each Chat Stream includes management of: (a) one (1) WeChat, SMS, Kakao, Viber, Line, or Web Chat Profile, and (b) up to five thousand (5,000) monthly Conversations. To the extent more than five thousand (5,000) monthly Conversations are received with regard to a stream, additional Chat Streams (as necessary) will need to be purchased to permit (or if purchased, have 10 additional Stream Units counted towards the purchase thereof) receipt and management of such Conversations. Chat Streams that are not utilized during the applicable annual (or otherwise specified) term will be forfeit. While Qualtrics sets no limits on the number of messages that can be exchanged between any individual chat participant and Customer, in aggregate, if Customer’s Conversations exceeds an average of 50 messages per Conversation in any given calendar month, additional Conversations will be added and counted towards Customer’s total number of Conversations until the average is reduced to fifty (50) for such month.

    6. Other stream types (Each of the following streams uses the listed Stream Units)

  6. Geographical Location Monitoring Stream* (10 Stream Units): Each Geographical Location Monitoring Stream includes an annual subscription to use data monitoring and retrieval tools to access and retrieve mentions with regard to fifty (50) registered addresses, each comprising of a single geographical location (e.g., one store location such as Acme Industries, store #24, on 5th and Broadway, NY, NY), tracked on a single web platform site (e.g., the results for such geographical location appearing on one review website such as Acmereviews.com) (each a “Location”). Web platform site(s) must be chosen and assigned at execution of the subscription and, except as noted below, cannot be changed during the Subscription Term. To the extent the Customer elects to track more than one Location or elects to track the same Location on more than one web platform, additional Locations within the Geographical Location Monitoring Streams will be utilized. Any Locations that are not utilized during the applicable annual (or otherwise specified) term will be forfeit. As between the Parties, Customer alone is responsible for selection of all Locations from which annual mentions will be retrieved and such retrieval is subject to the Third Party Content obligations set forth in the Agreement. While Qualtrics will use commercially reasonable efforts to provide the Geographical Location Stream Monitoring services described herein, these services shall not be deemed Cloud Service offerings for the purposes of the SLA.
  7. Product Monitoring Stream* (10 Stream Units): Each Product Monitoring Stream includes an annual subscription to use data monitoring and retrieval tools to access and retrieve mentions with regard to twenty (20) individual Customer products (i.e., a single product SKU, such as the Acme Deluxe Cordless Widget, SKU #555), each from one (1) product review web platform site (e.g., the results for such individual product SKU appearing on one review website such as Acmereviews.com) (each a “Product”). Each Product must be chosen and assigned at execution of the subscription and, except as noted below, cannot be changed during the Subscription Term. To the extent the Customer elects to track the product on more than one product review site(s), additional Product Monitoring Streams (as necessary) can be purchased by Customer. Product Monitoring Streams or any portion thereof that are not utilized during the applicable annual (or otherwise specified) term will be forfeit. As between the Parties, Customer alone is responsible for selection of all Products from which annual mentions will be retrieved and such retrieval is subject to the Third Party Content obligations set forth in the Agreement. While Qualtrics will use commercially reasonable efforts to provide the Product Stream Monitoring services described herein, these services shall not be deemed Subscription Service offerings for the purposes of the SLA.
  8. Shop Review Stream* (20 Stream Units): Each Shop Review Stream includes an annual subscription to use data monitoring and retrieval tools for reviews and questions (if applicable) where users can rate an overall webshop/website and/or an overall company/business for one (1) shop review web platform site (e.g., the results appearing on one review website such as Trustpilot.com) (each a “Shop Review”). Each Shop Review must be selected and assigned at execution of the subscription and, except as noted below, cannot be changed during the Subscription Term. To the extent the Customer elects to track the Shop Review on more than one Shop Review site(s), additional Shop Review Streams (as necessary) will need to be purchased by Customer. Shop Review Streams or any portion thereof that are not utilized during the applicable annual (or otherwise specified) term will be forfeit. As between the Parties, Customer alone is responsible for selection of all Shop Reviews from which annual mentions will be retrieved and such retrieval is subject to the Third Party Content obligations set forth in the Agreement. While Qualtrics will use commercially reasonable efforts to provide the Shop Review Stream services described herein, these services shall not be deemed Subscription Service offerings for the purposes of the SLA.
3. TREATMENT OF CUSTOMER DATA
  1. Selection of Customer Data. Customer understands that the Cloud Services are capable of processing Customer Data that is uploaded to the Services, including Third Party Content. For instance, Customer may be able to use the Cloud Services to retrieve, manage and post content to their social networking accounts or to retrieve Customer Data from a variety of other third-party websites. Customer acknowledges that its use of any Third Party Content or other third party service is governed by the terms of the applicable service provider (not these Product Terms nor the Agreement) and that Customer (not Qualtrics) is a party to such terms and solely responsible for compliance with such terms. For example, by connecting a YouTube Profile in the Cloud Services via the YouTube API services located at https://developers.google.com/youtube/terms/developer-policies#definition-youtube-api-services, users are agreeing to be bound by the YouTube Terms of Service located at https://www.youtube.com/t/terms. Note, however, at any time access to your YouTube Profile data can be revoked via the Google security settings page located at https://myaccount.google.com/permissions. Read more about the Google Privacy policy located at https://policies.google.com/privacy. Further, Customer acknowledges and agrees that the outputs and deliverables provided to Customer via the Services are wholly dependent upon the actions and inputs taken or provided by Customer on the Services. Qualtrics makes no warranty, representation, endorsement, or guarantee regarding, and accepts no responsibility for, the quality, content, nature or reliability of the third party websites, products, services or applications accessible by hyperlink or otherwise from the Services. Qualtrics provides these links for Customer’s convenience only and Qualtrics does not control such websites or applications. As between the Parties, Customer alone is responsible for selection of all Customer Data, any consents required by law or otherwise for the use of such Customer Data, and Customer assumes all risks associated with the content, accuracy, completeness, integrity, legality, reliability and appropriateness of Customer Data and the use of all such Customer Data contemplated by these Product Terms or the Agreement. If any provider of Third Party Content ceases to make the same available for use as contemplated in these Product Terms on acceptable terms, Qualtrics shall without liability or refund obligation have the right to discontinue retrieving, accessing and/or processing such Third Party Content.
  2. Rights in Content and Access to Social Media Accounts. Customer acknowledges that: (i) Third Party Content may be subject to intellectual property rights or other rights that are owned or controlled by third parties or legal restrictions and regulations, such as privacy or obscenity laws; (ii) Qualtrics does not own or hold any intellectual property rights or other rights or licenses in or to the Third Party Content.
  3. Disclaimers.
    (a) Qualtrics shall have no obligation to preview, verify, flag, modify, filter or remove any Customer Data provided by Customer, other customers or by any third party (although Qualtrics may do so in at its sole discretion), and Qualtrics shall not be responsible for any failure to remove, or for any delay in removing, harmful, inaccurate, unlawful or otherwise objectionable Customer Data. Qualtrics is not responsible for the suitability, or quality of the services, content, products, materials, or practices (including privacy practices) of third parties, including social networking sites and their users. Qualtrics uploads such Third Party Content for Customer’s convenience only and Qualtrics does not control such websites or applications. Qualtrics’ interactions with third party services in connection with providing the Cloud Services, and its inclusion of content from such websites, does not imply any endorsement of the services or materials on such third party websites or any license from or association with their operators. QUALTRICS DOES NOT PROVIDE ANY WARRANTY OR SUPPORT UNDER THIS AGREEMENT OF ANY WEBSITES, PRODUCTS, OR SERVICES OF ANY THIRD PARTY.
    (b) Customer acknowledges that, while Qualtrics maintains back-ups of all Customer Data in accordance with its security documentation, Customer is instructed to maintain its own back-up copies of Customer Data as Qualtrics shall not be responsible or liable for the deletion, destruction, damage or other failure to store any Customer Data.

*Streams may require the purchase of additional Professional Services from Qualtrics for the configuration of this product