Terms of Use

Last updated: December 28, 2025

1. AGREEMENT TO TERMS

These Terms of Use ('Terms') constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you' or 'Client'), and Seamlexly OÜ ('Seamlexly', 'we', 'us', or 'our'), concerning your access to and use of the PublicOp software-as-a-service platform and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the 'Service').

By accessing the Service, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these terms, then you are expressly prohibited from using the Service and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Service from time to time, including the Privacy Policy and the Data Processing Addendum, are hereby expressly incorporated herein by reference.

1A. BETA SERVICES DISCLAIMER AND ACKNOWLEDGEMENT

You acknowledge that the Service (or certain features within it) is currently offered as a 'beta', 'early access', or 'preview' version ('Beta Services'). By using the Service, you understand and agree that Beta Services are provided 'as is' and 'as available' for testing and evaluation purposes. Seamlexly OÜ makes no warranty that the Beta Services will be uninterrupted, timely, secure, or error-free. During this phase, we may provide access to Beta Services free of charge or without additional charge to your current subscription plan. However, Seamlexly OÜ reserves the right to terminate the Beta period early (before the 60-day limit) if the software is deemed ready for release. In such cases, users will be notified in advance and offered options to transition to paid plans. Furthermore, **features in the Beta phase may be temporarily or permanently disabled as part of the development process.** In such cases, users will be notified in advance.

Upon the conclusion of the Beta phase or Early Bird campaign, unless users explicitly opt into a paid subscription plan of their own volition, their accounts will automatically be transitioned to 'Free Plan' status. No fees will be charged, nor will any automatic payments be processed from the user during this transition. However, upon transitioning to the Free Plan; access to features, limits, advanced functions, and data that were accessible during the Beta or Early Bird period and are exclusive to paid plans may be restricted or completely lost. Seamlexly OÜ accepts no liability, direct or indirect, for any loss of features, functionality restrictions, or data access barriers resulting from such plan changes.

You agree that relying on Beta Services involves risks. Seamlexly OÜ disclaims any liability arising from data loss, service interruptions, or security issues related to Beta Services. However, to help you mitigate potential risks, we provide the necessary tools for you to download/export your data and survey templates. You agree that you are solely responsible for backing up your data. For paid subscribers choosing to use Beta features, standard subscription fees continue to apply, but no additional fees will be charged for Beta features unless expressly stated otherwise.

2. THE SERVICE

PublicOp provides a platform that enables Users to create, manage, distribute, and analyze online surveys for academic, market, or social research purposes. Seamlexly offers the platform, technical infrastructure, and tools as a service.

3. USER ACCOUNTS

To use the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain the security of your password and identification. You are responsible for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account.

4. USER RESPONSIBILITIES AND ACCEPTABLE USE

4.1. Role as Data Controller and Data Processing

You, the Client, are the Data Controller for any Personal Data collected from individuals participating in your surveys ('Survey Respondents'). You are solely responsible for ensuring that your collection and processing of Personal Data complies with all applicable Data Protection Legislation, including the GDPR (General Data Protection Regulation). Our obligations as a Data Processor are set forth in the Data Processing Addendum, which forms an integral part of these Terms. As detailed in the Data Processing Addendum, all backend services are hosted on Google Cloud Platform servers located in the European Union. By using the Service, you represent that you understand and agree to the data processing and transfer conditions described in said Addendum.

4.2. Responsibility for Survey Content

You are solely responsible for all content, including questions, text, images, and other materials that you create, upload, and distribute through the Service ('User Content'). You represent and warrant that you have all necessary rights, licenses, and consents to use and distribute your User Content.

4.3. Lawful Use

You agree not to use the Service for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Service. You are responsible for ensuring that your surveys and all User Content comply with all applicable laws and regulations.

4.4. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. Prohibited activity includes, but is not limited to:

• Creating or distributing surveys that are unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
• Collecting Special Categories of Personal Data without obtaining prior explicit consent from the Data Subject or having another valid legal basis under applicable Data Protection Legislation.
• Infringing upon any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party.
• Using the Service to send unsolicited promotions, political campaigning, advertising, or solicitations (spam).
• Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Attempting to impersonate another user or person or using the username of another user.

We reserve the right, but not the obligation, to monitor for violations of these Terms and to take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms.

5. INTELLECTUAL PROPERTY RIGHTS

6. FEES, PAYMENT AND REFUND POLICY

7. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Service.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

8. DISCLAIMERS AND LIMITATION OF LIABILITY

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your User Content; (2) use of the Service; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms; or (5) your violation of the rights of a third party, including but not limited to intellectual property rights.

10. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and your use of the Service are governed by and construed in accordance with the laws of the Republic of Estonia. Any legal action or proceeding brought by either you or us shall be commenced or conducted in Harju County Court (Harju Maakohus), Estonia, and the Parties hereby waive any objection to jurisdiction and venue in such courts, including the defense of lack of personal jurisdiction and forum non conveniens.

11. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

12. CONTACT US

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at: