Terms of Service
Effective
These Terms of Service ("Terms") are a contract between you and Indacas Ltd, a company registered in England and Wales (company number 17340475, registered office 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ) ("Indacas", "we"). They govern your use of the Indacas platform (the "Platform").
By creating an account or using the Platform, you accept these Terms. If you use the Platform on behalf of an organisation, you confirm you have authority to bind that organisation, and "you" means the organisation.
Defined terms ("Researcher", "Participant", "Account Data", "Research Data") have the meanings given in our Privacy Policy. These Terms incorporate the Acceptable Use Policy, the Privacy Policy, the Cookie Policy and, for Researchers, the Data Processing Agreement ("DPA").
1. The Platform
Indacas provides tools for creating and running research studies: study and survey builders, distributions (including anonymous tokenised links), participant records, in-product consent capture, and analysis. Indacas is a platform provider. We are not a research organisation, ethics committee, or sponsor of any study run on the Platform, and we do not review or endorse study content.
2. Accounts
- You must be at least 16 to hold an account, provide accurate registration details, and verify your email address.
- Keep your credentials confidential. We strongly recommend enabling two-factor authentication. You are responsible for activity under your account unless it results from our failure to secure the Platform.
- Tell us promptly at [email protected] if you suspect unauthorised access.
- One person per account; organisations manage members through organisation membership, not shared logins.
Eligibility. You may not use the Platform if you are subject to UK, EU or US sanctions, or are ordinarily resident in a territory subject to comprehensive sanctions. We may suspend or refuse access where the law requires us to.
Inactive accounts. If an account is unused for 24 months, we will contact you before taking any action.
What happens next depends on what the account holds:
- An account holding no studies and no data may be closed after notice.
- An account that owns a study will not have that study deleted; Research Data belongs to you as controller. We will contact you, then any co-owners and the administrators of an owning organisation, and then flag the study as requiring a custodian so that it can be transferred. We may suspend the dormant account itself.
- A study owned by an organisation is unaffected by any individual member's inactivity.
3. Researcher obligations — you are the controller of Research Data
If you use the Platform to run studies, then as between you (or your institution) and Indacas, you are the data controller of your Research Data and Indacas is your processor under the DPA. You are responsible for:
- Lawful basis: identifying a valid lawful basis under UK GDPR Article 6 (and an Article 9 condition for any special-category data such as health data) for everything you collect;
- Ethics approval: obtaining any ethics/IRB/REC approval your study, institution, or field requires before collecting data;
- Consent and transparency: giving Participants a clear privacy notice (you may adapt the Participant Privacy Notice Template available in your study's Documents) and obtaining valid consent where consent is your basis. In-product consent capture records what a Participant accepted and when, but the adequacy of the consent wording and process is your responsibility;
- DPIAs: carrying out a Data Protection Impact Assessment where UK GDPR requires one (likely for large-scale special-category processing);
- Sensitive data flags: marking fields that collect special-category data as "sensitive" in-product, and only collecting such data where you have the right to;
- Data minimisation and accuracy of what you collect, and honouring Participants' rights requests directed to you as controller;
- Participants under 16: appropriate safeguards, parental/guardian consent where required, and compliance with the Acceptable Use Policy;
- Your team: ensuring everyone you give study access to complies with these Terms.
Payment card data. The Platform is not PCI-DSS certified and must not be used to collect payment card details. Do not build questions or record fields that ask Participants for a card number, security code, sort code or account number, and do not enter such data yourself. We do not inspect responses for card data; compliance with this paragraph rests with you. Use a payment provider for payments and participant reimbursements.
If we reasonably believe a study breaches these obligations or the Acceptable Use Policy, we may suspend it (see Section 11).
4. Participant terms
If you join a study as a Participant:
- Your relationship regarding the study's content and your Research Data is with the Researcher (the controller). Direct questions about a study, and rights requests about your study data, to the Researcher; we will help route them.
- You may withdraw from a study using the in-product withdrawal option. What happens to data already collected is governed by the Researcher's privacy notice and applicable law.
- Submit only truthful information you are entitled to share, and do not submit personal data about other people without their agreement.
- Participation in any study is voluntary. Indacas is not responsible for study conduct, compensation, or outcomes.
5. Anonymous respondents
Some distributions can be answered without an account via tokenised links. Anonymous respondents are bound by Section 4 and the Acceptable Use Policy. Response token cookies keep your in-progress response available on your device; anyone with access to your device and the link may be able to access that in-progress response, so use private devices for sensitive surveys. You may later claim anonymous responses into an account where the Platform offers this.
6. Content and intellectual property
- Your content stays yours. Researchers retain all rights in their Research Data; Participants retain rights in content they submit (which they license to the Researcher as described in the study's terms/notice).
- You grant Indacas a limited, non-exclusive licence to host, process, transmit, and display your content solely to provide and secure the Platform and as instructed under the DPA. We do not use Research Data to train models, for advertising, or for any purpose of our own.
- The Platform, its software, design, and branding are owned by Indacas or its licensors. We grant you a non-transferable licence to use them as part of the service; you may not copy, resell, or reverse-engineer the Platform except as law permits.
- Feedback you give us about the Platform may be used by us without obligation.
- Names and handles. Your account, organisation and study handles (the part of the address that identifies you on the Platform) are allocated on a first-come basis and confer no ownership. You must not register a handle that infringes a trade mark or impersonates a person or organisation. If the holder of a registered trade mark or another person with a prior right makes a substantiated claim to a handle, we may rename or reassign it. We will give you at least 14 days' notice and a chance to respond, choose a replacement, and keep your content, unless the handle was registered in bad faith, in which case we may act immediately.
7. Subscriptions, billing, and refunds
- Parts of the Platform require a paid subscription for a study or organisation. Plan features, limits, and prices are shown at purchase. Education discounts are available on the terms set out below.
- Payments are processed by Stripe under its own terms. We do not store card details.
- Subscriptions renew automatically at the end of each billing period unless cancelled beforehand. Cancelling stops future renewals; it does not refund the current period.
- Indacas is not currently registered for VAT, so no VAT is charged and prices are the total payable. If we become VAT-registered, VAT will be added at the prevailing rate and we will tell you before it applies to your subscription.
- Except where the law requires otherwise, fees are non-refundable. If you subscribe as a consumer rather than in the course of a business, you have a statutory right to cancel within 14 days of purchase; where you have asked us to start the service within that period, we may charge for what you have used up to the point you cancel. Nothing in these Terms affects consumer rights that cannot be excluded.
- We may change prices with at least 30 days' notice, effective from your next renewal.
- Organisation accounts may hold prepaid funds. Prepaid funds are applied to that organisation's invoices, including invoices for studies billed to the organisation; they are non-refundable, non-transferable and do not expire.
- Response packs purchased on a paid plan add response credits to that account. Response credits are non-refundable, non-transferable, do not expire, and are used only after the plan's allowance for the billing period is spent. Credits cannot be used while the account is on a free tier.
- When a paid plan ends or lapses, data already collected remains accessible and exportable; the plan's features and allowances stop.
Education discount. A reduced rate is available for academic and non-profit research, on both study and organisation plans.
- Organisation plans: the discount applies where the organisation is education-verified.
- Study plans: the discount applies where the study's owner — the account holder, or the owning organisation — is education-verified and the study is declared non-commercial in-product by setting its type to academic or non-profit.
Education verification is automatic where the registered email address is on an accredited academic domain (a .edu domain, or a domain whose suffix is .ac.<country> or .edu.<country>, for example .ac.uk). If your institution uses a non-standard domain, contact us and we will verify it manually.
A study may be declared non-commercial only if it is run for academic research, teaching, or a non-profit's charitable purposes, and its results are not primarily for the commercial benefit of a for-profit entity. Industry funding does not by itself make a study commercial; a study whose primary purpose is to produce a commercial advantage for a for-profit entity is commercial whoever runs it. Studies declared personal or commercial in-product do not qualify.
You must keep the declaration accurate and update the study's type if its purpose changes. Where a study or organisation stops qualifying, the discount ceases to apply from the start of the next billing period.
If a discount has been claimed for a study or organisation that does not qualify, we may withdraw it and charge the difference between the fees paid and the full commercial price for the period in which it was claimed. We will tell you before we do so and give you an opportunity to correct the declaration or respond.
8. Availability and support
We aim to keep the Platform available, but it is provided "as is" and "as available". We do not guarantee uninterrupted or error-free operation, and we may modify features over time. Researchers are responsible for exporting and backing up data they cannot afford to lose, particularly ahead of study deadlines. Any service levels are only those agreed in a separate written agreement.
9. Disclaimers
To the fullest extent permitted by law, we exclude all implied warranties (including satisfactory quality, fitness for purpose, and non-infringement). We make no warranty that the Platform meets the regulatory requirements of any particular study, field, or jurisdiction — that assessment is the Researcher's responsibility. Nothing in these Terms limits statutory rights you have as a consumer.
10. Liability
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be excluded.
Subject to that:
- We are not liable for loss of profits, revenue, goodwill, or anticipated savings; loss or corruption of data to the extent caused by your failure to maintain exports/backups we make available; or indirect or consequential loss.
- Our total aggregate liability arising out of or in connection with the Platform in any 12-month period is limited to the greater of (a) the fees you paid us in that period and (b) £1,000.
- We are not liable for the acts or omissions of Researchers or Participants, including the conduct, legality, or outcomes of any study.
- If you use the Platform in the course of a business, you will indemnify us against third-party claims arising from your breach of Section 3 (Researcher obligations) or the Acceptable Use Policy. This indemnity does not apply to Participants, or to anyone using the Platform as a consumer.
11. Suspension and termination
- By you: you may close your account at any time. Researchers should export Research Data first; deletion/return of Research Data follows the DPA.
- By us: we may suspend or restrict access immediately where reasonably necessary — for a serious or repeated breach of these Terms or the Acceptable Use Policy, a security threat, a legal requirement, or non-payment — and will tell you why and how to remedy it where we lawfully can. We may terminate for unremedied material breach on notice, or for convenience with at least 30 days' notice (with a pro-rata refund of prepaid fees for the unused period in that case).
- On termination, your right to use the Platform ends. We will make Research Data available for export for 90 days after termination, after which it is deleted per the DPA. Sections that by nature survive (IP, liability, governing law) survive.
12. Changes to these Terms
We may update these Terms. For material changes we will give at least 30 days' notice by email or in-product. If you continue using the Platform after changes take effect, you accept them; if you do not agree, close your account before the effective date (Researchers on paid plans may terminate and receive a pro-rata refund if a change materially disadvantages them).
13. General
- These Terms, with the documents they incorporate, are the entire agreement between us regarding the Platform.
- If a provision is found unenforceable, the rest remains in force. A failure to enforce is not a waiver.
- You may not assign these Terms without our consent; we may assign to a successor of our business with notice.
- Notices to us: [email protected], or Indacas Ltd, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ. Notices to you: your account email or in-product.
14. Governing law and jurisdiction
These Terms are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that consumers resident elsewhere in the UK may bring proceedings in their home courts and retain any mandatory protections of their local law.