Terms of Service
Terms of Service
Effective Date: April 23, 2026
1.1. These Terms of Service (“Agreement” or “Terms”) govern the relationship between Bohemian Research LLC, a Delaware limited liability company (“Bohemian Research”, “we,” or “us”) and the legal entity or individual entrepreneur accessing the Services (“Client” or “you”) (each a “Party” and collectively the “Parties”). By creating an account, accessing our self-serve survey platform (“Platform”), or otherwise utilizing the survey distribution and research-related solutions provided by us (collectively, the “Services”), the Client expressly agrees to be bound by these Terms in their entirety. Furthermore, each individual Member (as defined in Section 2.1) also agrees to be bound by these Terms to the extent applicable to their access and use of the Services.
1.2. The purpose of these Terms is to provide a framework for the conclusion of individual agreements between the Parties for the provision of specific Services (each an “Individual Agreement”). Each Individual Agreement shall incorporate these Terms. In the event of a conflict between these Terms and a specific provision within an Individual Agreement (e.g., custom pricing in an email quote), the terms of the Individual Agreement shall prevail solely with respect to that specific project.
1.3. An Individual Agreement is deemed finalized and legally binding upon the earlier of:
a) for DIY Mode (as defined in Section 3.2), an affirmative action taken within the Platform by the Client or its Member, such as clicking a “Start”, “Launch,” or equivalent button to initiate a survey project to go live; or
b) for Managed Mode (as defined in Section 3.3), the Client’s written confirmation (including via email) of a proposal, quotation, or insertion order provided by Bohemian Research.
1.4. Bohemian Research hereby declares that it possesses the professional capacity and expertise to perform the Services. The Client acknowledges that it has acquainted itself with the nature of the Services and the conditions necessary for their execution. The Client represents and warrants that it shall comply with all applicable laws and regulations, including but not limited to data protection and privacy laws, in its use of the Services.
1.5. The Client shall provide all necessary cooperation and assistance required to ensure the seamless provision of the Services by Bohemian Research.
2. Client Account and Members
2.1. To access the Services, an individual must register a user account (“Member Account”). A Member Account may be used to create, join, or manage a legal entity or organization profile (“Client”).
2.2. The Client is solely responsible for all activity occurring under its organization profile and for the security of all Member Account login credentials associated with it. This includes responsibility for any employees, contractors, or agents granted access to the organization settings (each a “Member”).
2.3. By registering, accessing, or using a Member Account, each Member acknowledges and agrees to be bound by these Terms in their individual professional capacity without prejudice to the Client’s primary and full liability for all activity occurring under its organization profile.
2.4. The Platform allows for different levels of access and permissions among Members (e.g., owner, editor, viewer), as displayed and managed within the Platform settings. The Client is exclusively responsible for managing these permissions and roles.
2.5. The Client represents and warrants that any Member who performs a legally or financially binding action within the Platform, including but not limited to:
a) initiating a “Top-up” or a payment;
b) launching or publishing a survey project; or
c) concluding an Individual Agreement;
has the full power and authority to bind the Client to these Terms and any resulting Individual Agreement.
2.6. The Client shall provide and maintain accurate registration and organization information, including the legal company name, registered address, website, and tax/VAT identification as prompted in the Platform settings or further requested by Bohemian Research.
3. Service Modalities and Execution
3.1. The Platform is a self-serve tool that enables the Client to:
a) configure survey targeting, quotas, and project parameters;
b) input survey links hosted externally or within third-party systems; and
c) distribute surveys to Bohemian Research’s respondent network.
3.2. When the Client uses the Platform to independently exercise the capabilities set forth in Section 3.1 (“DIY Mode”), an Individual Agreement is formed, and the project is initiated, solely through the Client’s affirmative actions within the Platform interface. The Client bears exclusive responsibility for the accuracy and legality of all configurations made in this mode.
3.3. Where project execution is facilitated through direct interaction with Bohemian Research personnel, typically via email or insertion orders (“Managed Mode”), an Individual Agreement is formed once the Client formally accepts a specific proposal or quotation. Bohemian Research may assist with project setup or management, but the final responsibility for survey content and compliance remains with the Client as set forth in Section 3.4 of these Terms.
3.4. Regardless of the modality, the Client is solely responsible for:
a) survey content, structure, hosting, programming, logic, routing, and redirects;
b) ensuring that all survey links function correctly and securely;
c) compliance with all applicable laws, regulations, and industry standards; and
d) obtaining all required notices, consents, and permissions related to the survey content and any data collected by or through the survey.
3.5. Bohemian Research’s role is primarily limited to distributing survey opportunities to respondents based on the Client’s targeting, quotas, and project settings. Bohemian Research operates as an independent panel provider, sourcing respondents through its proprietary mobile applications, including but not limited to MultiPolls, Golden Surveys, and RewardRoo (collectively, the “Apps”). Bohemian Research has all rights necessary to use, field, and distribute surveys through the Apps. The Client acknowledges that Bohemian Research acts as a service provider facilitating access to a respondent network and is not responsible for the research outcomes, the quality of the data resulting from the Client's survey design, or the specific research objectives of the Individual Agreement.
3.6. Bohemian Research may, at its discretion, provide additional functionality within the Platform, such as tools for creating or hosting surveys. Such functionality may be modified or removed at any time and may be subject to additional terms.
4. Feasibility and Estimates
4.1. Prior to survey launch, Bohemian Research may provide estimates regarding project feasibility, expected completion rates, estimated time to completion, and projected project costs. The nature of these estimates depends on the modality of the Services:
a) In DIY Mode, estimates are generated automatically by the Platform’s internal models based on the parameters input by the Client;
b) In Managed Mode, estimates may be provided by Bohemian Research personnel based on project specifications and industry experience.
4.2. All such estimates are based on then-current conditions, including incidence rates, conversion rates, survey length, available respondent supply, targeting constraints, quota structure, and relative competitiveness within the Platform environment.
4.3. The Client acknowledges that all estimates, projections, and feasibility outputs are non-binding and provided solely for informational and planning purposes. As these outputs are based on probabilistic modeling and real-time variables, actual performance may differ materially from estimates due to changes in market conditions, respondent behavior, survey setup, field conditions, or project specifications. Such variances are an inherent part of market research fielding and do not constitute a failure or breach of Service by Bohemian Research.
4.4. Bohemian Research provides no guarantee that a project will reach the estimated number of completes or adhere to the projected timeline. The Client remains responsible for monitoring project performance via the Platform and adjusting specifications or pricing if necessary.
5. Project Execution and Traffic Allocation
5.1. Once a survey is launched, metrics are based on real-time activity. The Platform provides near real-time reporting on actual conversion, incidence, and spend. While we strive for accuracy, the Client acknowledges that data processing intervals or technical limitations may result in delayed or incomplete reporting.
5.2. The Client acknowledges that traffic is allocated dynamically. Survey visibility and volume are determined by factors including: (i) Cost Per Interview; (ii) conversion performance; (iii) Length of Interview; and (iv) targeting constraints. Bohemian Research does not guarantee continuous or uninterrupted traffic.
5.3. Bohemian Research reserves the right to pause or stop distribution of a project to address quality concerns, technical issues, or material divergence between expected and actual project behavior.
5.4. The Client is responsible for monitoring live performance and properly managing project closure in their own survey environment.
5.5. The Client may adjust pricing, quotas, targeting, or other permitted field settings during fieldwork, subject to Platform functionality and this Agreement.
6. Pricing, Fees, and Payment
6.1. The Services operate on a usage-based pricing model. Unless otherwise agreed in writing (e-mail is sufficient), total fees for the project are calculated as follows:
Fees = Number of Accepted Completes × Cost Per Interview
For the purposes of this Agreement:
“Fees” means the total remuneration due to Bohemian Research for the execution of an Individual Agreement.
“Accepted Completes” means instances where a respondent successfully completes the entire survey and is properly redirected to the Client’s designated COMPLETE redirect, provided that such completions have not been rejected or reconciled within the fourteen (14) day reconciliation period.
“Cost Per Interview” means the price per successful completion, which is derived from the set survey length in minutes (“Length of Interview”) multiplied by the applicable per-minute pricing (“Per-Minute Pricing”), subject to the Minimum Pricing Threshold.
6.2. The Platform enforces a minimum pricing threshold applicable to surveys conducted by the Client (“Minimum Pricing Threshold”), which is defined on a minimum cost-per-minute basis. The Minimum Pricing Threshold is determined by Bohemian Research, configured and enforced within the Platform, and visible to the Client at the time of survey setup or within a written proposal. The Platform will not permit the Client to launch surveys below the applicable Minimum Pricing Threshold. The Minimum Pricing Threshold is intended to support respondent engagement, survey visibility, and overall Platform performance.
6.3. Bohemian Research may adjust the Minimum Pricing Threshold upon notice, though the Client may increase its Per-Minute Pricing above the threshold at its discretion to improve survey performance and completion speed. The pricing, fees, and project costs presented within the Platform or in a written proposal shall govern the project based on the specifications provided at that time. If the Client changes any project specifications, including but not limited to Length of Interview, incidence rate, targeting, quotas, or routing, or requested completes, Bohemian Research reserves the right to recalculate the pricing, feasibility, and projected field time based on the updated specifications.
6.4. Billing and payment terms depend on the modality of the Services, as follows:
a) For the DIY Mode, the Platform operates on a prepayment basis; the Client must maintain a sufficient credit balance (“Top-up”) within their account to cover the estimated project price before a project can be launched or published. Any unused balance remains in the Client’s account for future use. Refund of unused Top-up is subject to the conditions set forth in Section 6.6 of these Terms. However, Bohemian Research may, at its discretion or as agreed in an Individual Agreement, allow for postpaid invoicing in the DIY Mode.
b) For the Managed Mode, Bohemian Research will issue invoices at such intervals as it may determine, including but not limited to upon project completion, on a monthly basis, or as otherwise set forth in an Individual Agreement. Unless specified otherwise in an Individual Agreement, invoices are due within thirty (30) days of their receipt by the Client. Bohemian Research may suspend access to the Services or pause ongoing projects for overdue amounts.
6.5. The Platform’s records, including project settings, current balance, delivered completes, applicable pricing, and accepted reconciliation outcomes, shall constitute the official system of record for billing purposes unless disputed by the Client in good faith within the applicable review period. If the Client cancels or pauses a project while in the field, the Client remains responsible for all Accepted Completes delivered through the effective time of such cancellation or pause.
6.6. Upon written request, unused Top-up amounts exceeding USD 100 may be refunded (primarily via bank transfer to the Client’s account), subject to an administrative fee of 10% of the requested refund amount or USD 50, whichever is greater (to cover manual processing and Bohemian Research's transaction costs). The Client acknowledges and agrees that any additional fees charged by the Client’s bank or intermediary banks, as well as any losses resulting from currency conversion, shall be borne exclusively by the Client.
7. Quality Control and Reconciliation
7.1. Bohemian Research applies Platform-level quality control measures to identify and filter invalid activity, including fraud, duplication, and other non-genuine participation detected within the Platform. Bohemian Research may, at its sole discretion, exclude from billing any completions rejected based on these Platform-level measures.
7.2. Where surveys are hosted on the Client’s or a third party’s survey platform, the Client acknowledges that Bohemian Research does not have visibility into survey-level response quality (e.g., straightlining, open-end quality, speeding, inconsistent answers, or other survey-content-based quality determinations).
7.3. The Client may request reconciliation for Accepted Completes rejected for non-survey-specific quality reasons (such as fraudulent activity or speeding), provided the Client submits reasonable supporting documentation within fourteen (14) days from the date each specific respondent completes the survey. Requests submitted after this window are deemed waived and our records shall be final and binding.
7.4. No reconciliation will be granted for issues arising from the Client’s survey design, logic, routing, screening criteria, quota configuration, redirects, incentive design outside the Platform, or external survey platform.
7.5. To preserve good-faith reconciliation practices and prevent abuse, if the Client’s rejection rate exceeds one and a half (1.5) times the Platform’s average reconciliation rate over a reasonable period chosen by us (per-project basis or over a broader measurement period determined by us), Bohemian Research reserves the right to perform an enhanced review and may reject the reconciliation request at its sole discretion.
7.6. Accepted reconciliation outcomes will be credited back to the Client’s Current balance (for DIY Mode) or adjusted in the next invoice (for Managed Mode). Bohemian Research reserves the right, at its sole discretion, to determine the final form and method of such credit or adjustment.
8. Conduct, Restrictions and Data Roles
8.1. The Client shall not use the Services or the respondent network to:
a) recruit or solicit respondents into the Client’s own panels, mailing lists, or marketing databases;
b) serve commercial advertising or sales solicitations that are unrelated to the specific research objectives of the Individual Agreement;
c) install software, or collect data unrelated to the agreed research purpose;
d) introduce malware, spyware, deceptive flows, or any technology that could impair the Platform, the respondents, or third-party systems; or
e) conduct or distribute surveys that are unlawful, deceptive, discriminatory, harmful to respondents, or otherwise inconsistent with accepted research standards.
8.2. The Client acknowledges that Bohemian Research may provide certain pseudonymized user attributes (e.g., age, gender, hashed identifiers) via URL parameters to facilitate targeting. The Client shall use such data solely for research targeting and deduplication and shall not attempt, either alone or in combination with other information, to re-identify any individual respondent.
8.3. The Client shall not collect directly personally identifiable information within the survey experience unless such collection is strictly required for the specific research purposes of the Individual Agreement. Where the collection of such information is necessary, the Client represents and warrants that:
a) all such activities shall be performed in strict accordance with applicable local and international data protection laws and regulations;
b) the Client is solely responsible for providing respondents with appropriate privacy notices and obtaining valid legal consents, or establishing other necessary legal bases for such collection and processing, as required by applicable law; and
c) the Client shall act as the sole data controller regarding any personally identifiable information collected through the Client’s survey.
8.4. Unless expressly agreed in writing, the Client shall not place cookies, use tracking technologies, or request software or app downloads through the survey beyond what is reasonably necessary for the research purpose and compliant with applicable law.
8.5. Bohemian Research and the Client act as independent data controllers for their respective processing purposes. Bohemian Research controls data for its Platform management, Apps management and distribution of rewards to the respondents, while the Client independently determines the purposes and means of the survey research and acts as the data controller for all data collected through such surveys. Bohemian Research acts as a neutral intermediary and is not responsible for the legality or appropriateness of the Client’s surveys and its data collection.
9. Intellectual Property and License
9.1. The Client represents and warrants that it has all rights necessary to field its surveys. The Client retains ownership of its survey content but grants Bohemian Research a limited, worldwide, royalty-free license to distribute and display the survey links to respondents to fulfill the Individual Agreement.
9.2. We retain all right, title and interest in the Services and our creations, and all associated intellectual property rights. We grant no licensed rights to our patents. The user interface, user experience, icons, presentation layer and elements, reports, layouts, and screen displays of or generated by the Services are our intellectual property. You may not use, reproduce, distribute, deploy, or prepare derivative works of the Services or our creations, except for your own research operations or your own business operations, and solely in accordance with these Terms.
9.3. Subject to your compliance with the obligations of these Terms, we hereby grant to you a non-sublicensable, non-transferable, and non-exclusive license to (a) use the Services on any applicable computing device for your internal use in support of your business or research operations and to set it up in your environment by you and your employees or agents, working exclusively in support of your business operations.
9.4. The Services may update automatically. Updates may be required for your continued use of the Services.
9.5. Except as set forth above, you will not: copy the Services; distribute to or share use of the Services with any third party; modify, or create derivative works or improvements of, the Services; or sublicense, rent, lease, or commercially host the Services. All rights not expressly granted in this paragraph are reserved to us.
9.6. We and our licensors retain all right, title and interest in the Platform, the Services and associated intellectual property rights, and all copies of the Services.
9.7. You will not reverse engineer or otherwise attempt to derive the source code, interfaces or other information from the Services, or work around technical protections or limitations associated with the Services, except and only to the extent that such activity is expressly permitted by directly applicable law notwithstanding this limitation. Any information supplied to or obtained by you under this paragraph may only be used by you for the purpose described in this paragraph, and will not be disclosed to any third party or used to create any software that is substantially similar to the Services. You will not circumvent or bypass any technological protection measures in or relating to the Services, or enable access by unauthorized third-party applications.
9.8. Except for the raw survey data and research results generated through the use of the Services (“Results”), which shall be owned by the Client, we retain all right, title and interest in and to any deliverables, software, materials, data, information or content provided to you (“Deliverables”) in furtherance or in connection with your use of the Services, and all associated intellectual property rights. You will not directly or indirectly copy the Deliverables or disclose them to any third party, in whole or in part, and upon the termination of these Terms or access to the Services, you will destroy and not retain use of all copies of all Deliverables (excluding the aforementioned Results owned by the Client).
9.9. You agree that any use of our intellectual property will inure to the sole benefit of Bohemian Research. You will not directly or indirectly file or prepare any application for registration of any of our intellectual property; assert any right, title, license to, or interest in any of our intellectual property; or adopt, use, file for registration, or register, in whole or in part, any intellectual property which may be, in our sole discretion, confusingly similar to or an infringement of any of our intellectual property.
10. Confidentiality
10.1. “Confidential Information” means all non-public, proprietary, or confidential information disclosed by one Party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (including project specifications, pricing, and business strategies).
10.2. Each Party shall use the other Party’s Confidential Information solely for the purpose of performing under this Agreement and shall not disclose such information to any third party except to its employees, contractors, or advisors who have a need to know and are bound by confidentiality obligations.
10.3. This obligation does not apply to information that is public, independently developed, or lawfully received from a third party.
10.4. A Party may disclose Confidential Information of the other Party to the extent such disclosure is required by law, regulation, or order of a court or other governmental authority. In such event, the Party required to make such disclosure shall, to the extent legally permitted, provide the other Party with prompt written notice of such requirement prior to the disclosure, so that the other Party may seek a protective order or other appropriate remedy.
10.5. This obligation survives termination of the Agreement for three (3) years.
11. Indemnity
11.1. To the maximum extent permitted by law, the Client shall indemnify, defend, and hold harmless Bohemian Research, its affiliates, and their respective officers, directors, employees, and agents from and against any and all losses, liabilities, damages, and expenses (including reasonable legal fees), that arise from these Terms or relate to the Client’s use of the Services, including without limitation any losses and liabilities arising out of or relating to:
a) any breach of the representations, warranties, or obligations set forth in Section 8 of these Terms;
b) the nature, legality, or appropriateness of the Client’s survey content, including but not limited to any claims arising from the collection of sensitive data (such as health information, religious beliefs, or political opinions);
c) any claims brought by third parties (including respondents or regulatory authorities) resulting from the Client’s use of the Services or the specific way the Client manages its surveys and data collection.
11.2. Bohemian Research reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the Client, in which event the Client shall fully cooperate with Bohemian Research in asserting any available defenses and shall pay all reasonable costs and expenses associated with such defense as they are incurred.
12. Warranty Disclaimer
12.1. The Services are provided on “as is” and “as available” basis and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law. We do not guarantee that the Services shall be available and running 100 % of the time and we do not take any responsibility for any downtime of our Services.
12.2. The Client acknowledges that respondent profiling data is self-declared by users and is not independently verified by Bohemian Research. We make no warranties regarding the accuracy, reliability, or completeness of such profiling data or the fulfillment of specific survey quotas.
12.3. Bohemian Research shall not be responsible for any loss, corruption, or deletion of data, project configurations, targeting parameters, survey settings, or any other information input by the Client into the Platform. It is the Client’s sole responsibility to maintain independent records or backups of its project specifications and survey links.
12.4. The disclaimers of warranty under this Section 12 also apply to our subsidiaries, affiliates and third-party service providers.
13. Limitation of Liability
13.1. To the maximum extent permitted by law, Bohemian Research (including its affiliates, officers, directors, and providers) shall not be liable to the Client for any indirect, incidental, consequential, or punitive damages arising out of these Terms or the use of the Services.
13.2. Without limiting the generality of Section 13.1, and to the maximum extent permitted by law, Bohemian Research shall not be liable for:
a) any financial losses, including loss of profits, loss of business, or loss of anticipated savings;
b) the accuracy, reliability, or completeness of respondent data or self-declared profiling information;
c) the loss, corruption, or deletion of any data, project configurations, targeting parameters, or survey settings;
d) any damages resulting from downtime of the Services or technical failures of third-party infrastructure;
e) any acts, omissions, or conduct of respondents once they have been redirected to a third-party survey or platform, including the respondent’s interactions with the Client’s systems, or the security, legality, and data handling practices of such third-party platforms;
f) any conflicting contractual agreements between the Client and its own customers or third parties.
13.3. For this Section 13 “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents, advisors and third-party service providers.
13.4. Notwithstanding anything to the contrary in this Agreement, in no event shall the total aggregate liability of Bohemian Research (including its subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers) arising out of or relating to these Terms or the Services exceed the total fees paid by the Client to Bohemian Research during the three (3) months preceding the event giving rise to the claim.
14. Governing Law and Dispute Resolution
14.1. We encourage you to contact us if you have an issue. If a dispute does arise out of these Terms or related to your use of the Services, and it cannot be resolved after you talk with us, then it must be resolved by competent courts.
14.2. This Agreement and all Individual Agreements shall be governed by and construed in accordance with the laws of the State of Delaware.
14.3. All disputes arising from this Agreement or any of the Individual Agreements shall be the exclusive jurisdiction of the competent courts of the State of Delaware.
15. Data Privacy and Processing
15.1. Bohemian Research may process certain personal data of the Clients or Client’s Members (e.g., name, business email address, IP address) for account management, billing, platform security, and communication purposes. For these processing activities, Bohemian Research acts as a data controller.
15.2. To the extent applicable to the technical execution of the Services (specifically regarding respondent profiling, matching, and rewards), the Client acknowledges the data processing practices described in Bohemian Research’s App Privacy Policy (available here), which serves as a secondary reference for respondent-side data flows and technical safeguards.
15.3. To operate the Services, Bohemian Research hosts its databases and primary infrastructure in the United States. The Client acknowledges that personal data of Members will be transferred to and processed in the United States and other jurisdictions where Bohemian Research service providers maintain facilities.
15.4. For any questions regarding data processing or to exercise privacy rights, the Client or its Members may contact privacy@bohemianresearch.com.
16. Term and Termination
16.1. This Agreement is concluded for an indefinite period of time.
16.2. The Client may terminate this Agreement at any time for any reason or no reason by (i) providing written notice (including via email) to Bohemian Research, with such termination taking effect immediately, or (ii) closing all associated Member Accounts and ceasing all use of the Services. Termination under this Section 16.2 shall be subject to the settlement of all outstanding obligations and the treatment of ongoing projects as set forth in Section 16.4 and 16.6.
16.3. Bohemian Research may terminate this Agreement at any time for any reason or no reason by providing written notice (including via email) to the Client, with such termination taking effect immediately. Upon such notice, the Client’s right to initiate new Individual Agreements or launch new projects shall cease immediately. Any Individual Agreements active at the time of termination shall be governed by Section 16.4.
16.4. Termination of this Agreement shall not automatically terminate any Individual Agreements that are active at the time of termination. These Terms shall continue to govern such Individual Agreements until they are either completed, canceled, or otherwise terminated in accordance with their specific terms, and until all resulting financial obligations are fully settled.
16.5. Bohemian Research may suspend or terminate access to the Services immediately and without notice if the Client or its Member:
a) breaches Section 8 of these Terms;
b) fails to pay any overdue amounts;
c) engages in any fraudulent, suspicious, or unusual activity; or
d) otherwise materially breaches its contractual or legal obligations.
16.6. In the event of termination under Sections 16.2, 16.3, or 16.5, Bohemian Research reserves the right to immediately pause or cancel any ongoing projects if necessary, and the Client remains liable for all costs and fees incurred up to the moment of such pause or cancellation.
16.7. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to those regarding payment obligations, intellectual property, confidentiality, indemnity, and limitation of liability.
17. General Provisions
17.1. These Terms and any applicable Individual Agreements are the entire agreement between you and Bohemian Research regarding the Services, and supersede all prior discussions, understandings, or agreements.
17.2. Specifically excluded from application to these Terms is the law known as the United Nations Convention on the International Sale of Goods.
17.3. Nothing in this Agreement shall be construed to create a partnership, joint venture, employee-employer, or franchiser-franchisee relationship between Bohemian Research and the Client.
17.4. Bohemian Research shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control.
17.5. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
17.6. We may update these Terms from time to time by posting the new version on our website or within the Platform. In the case of material changes, we will notify you before they come into effect (e.g., via email or Platform notification). Your continued use of the Services after a change becomes effective constitutes your acceptance of the new Terms.
17.7. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration or through Platform notifications.
17.8. The Services are intended for use by businesses and organizations and not for personal consumer purposes. To the maximum extent permitted by law, you acknowledge and agree that consumer protection laws do not apply to this Agreement.
17.9. Neither Party may assign or transfer this Agreement, in whole or in part, without the prior written consent of the other Party; provided, however, that (i) Bohemian Research may assign this Agreement without such consent to an affiliate, and (ii) either Party may assign this Agreement without such consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. No assignment shall relieve the assigning Party of any of its obligations hereunder incurred prior to the date of assignment. Subject to the foregoing, this Agreement will bind and inure to the benefit of the Parties, their respective successors and permitted assigns.
17.10. If you have any questions or concerns regarding these Terms of Service, do not hesitate to contact us at services@bohemianresearch.com.
1.1. These Terms of Service (“Agreement” or “Terms”) govern the relationship between Bohemian Research LLC, a Delaware limited liability company (“Bohemian Research”, “we,” or “us”) and the legal entity or individual entrepreneur accessing the Services (“Client” or “you”) (each a “Party” and collectively the “Parties”). By creating an account, accessing our self-serve survey platform (“Platform”), or otherwise utilizing the survey distribution and research-related solutions provided by us (collectively, the “Services”), the Client expressly agrees to be bound by these Terms in their entirety. Furthermore, each individual Member (as defined in Section 2.1) also agrees to be bound by these Terms to the extent applicable to their access and use of the Services.
1.2. The purpose of these Terms is to provide a framework for the conclusion of individual agreements between the Parties for the provision of specific Services (each an “Individual Agreement”). Each Individual Agreement shall incorporate these Terms. In the event of a conflict between these Terms and a specific provision within an Individual Agreement (e.g., custom pricing in an email quote), the terms of the Individual Agreement shall prevail solely with respect to that specific project.
1.3. An Individual Agreement is deemed finalized and legally binding upon the earlier of:
a) for DIY Mode (as defined in Section 3.2), an affirmative action taken within the Platform by the Client or its Member, such as clicking a “Start”, “Launch,” or equivalent button to initiate a survey project to go live; or
b) for Managed Mode (as defined in Section 3.3), the Client’s written confirmation (including via email) of a proposal, quotation, or insertion order provided by Bohemian Research.
1.4. Bohemian Research hereby declares that it possesses the professional capacity and expertise to perform the Services. The Client acknowledges that it has acquainted itself with the nature of the Services and the conditions necessary for their execution. The Client represents and warrants that it shall comply with all applicable laws and regulations, including but not limited to data protection and privacy laws, in its use of the Services.
1.5. The Client shall provide all necessary cooperation and assistance required to ensure the seamless provision of the Services by Bohemian Research.
2. Client Account and Members
2.1. To access the Services, an individual must register a user account (“Member Account”). A Member Account may be used to create, join, or manage a legal entity or organization profile (“Client”).
2.2. The Client is solely responsible for all activity occurring under its organization profile and for the security of all Member Account login credentials associated with it. This includes responsibility for any employees, contractors, or agents granted access to the organization settings (each a “Member”).
2.3. By registering, accessing, or using a Member Account, each Member acknowledges and agrees to be bound by these Terms in their individual professional capacity without prejudice to the Client’s primary and full liability for all activity occurring under its organization profile.
2.4. The Platform allows for different levels of access and permissions among Members (e.g., owner, editor, viewer), as displayed and managed within the Platform settings. The Client is exclusively responsible for managing these permissions and roles.
2.5. The Client represents and warrants that any Member who performs a legally or financially binding action within the Platform, including but not limited to:
a) initiating a “Top-up” or a payment;
b) launching or publishing a survey project; or
c) concluding an Individual Agreement;
has the full power and authority to bind the Client to these Terms and any resulting Individual Agreement.
2.6. The Client shall provide and maintain accurate registration and organization information, including the legal company name, registered address, website, and tax/VAT identification as prompted in the Platform settings or further requested by Bohemian Research.
3. Service Modalities and Execution
3.1. The Platform is a self-serve tool that enables the Client to:
a) configure survey targeting, quotas, and project parameters;
b) input survey links hosted externally or within third-party systems; and
c) distribute surveys to Bohemian Research’s respondent network.
3.2. When the Client uses the Platform to independently exercise the capabilities set forth in Section 3.1 (“DIY Mode”), an Individual Agreement is formed, and the project is initiated, solely through the Client’s affirmative actions within the Platform interface. The Client bears exclusive responsibility for the accuracy and legality of all configurations made in this mode.
3.3. Where project execution is facilitated through direct interaction with Bohemian Research personnel, typically via email or insertion orders (“Managed Mode”), an Individual Agreement is formed once the Client formally accepts a specific proposal or quotation. Bohemian Research may assist with project setup or management, but the final responsibility for survey content and compliance remains with the Client as set forth in Section 3.4 of these Terms.
3.4. Regardless of the modality, the Client is solely responsible for:
a) survey content, structure, hosting, programming, logic, routing, and redirects;
b) ensuring that all survey links function correctly and securely;
c) compliance with all applicable laws, regulations, and industry standards; and
d) obtaining all required notices, consents, and permissions related to the survey content and any data collected by or through the survey.
3.5. Bohemian Research’s role is primarily limited to distributing survey opportunities to respondents based on the Client’s targeting, quotas, and project settings. Bohemian Research operates as an independent panel provider, sourcing respondents through its proprietary mobile applications, including but not limited to MultiPolls, Golden Surveys, and RewardRoo (collectively, the “Apps”). Bohemian Research has all rights necessary to use, field, and distribute surveys through the Apps. The Client acknowledges that Bohemian Research acts as a service provider facilitating access to a respondent network and is not responsible for the research outcomes, the quality of the data resulting from the Client's survey design, or the specific research objectives of the Individual Agreement.
3.6. Bohemian Research may, at its discretion, provide additional functionality within the Platform, such as tools for creating or hosting surveys. Such functionality may be modified or removed at any time and may be subject to additional terms.
4. Feasibility and Estimates
4.1. Prior to survey launch, Bohemian Research may provide estimates regarding project feasibility, expected completion rates, estimated time to completion, and projected project costs. The nature of these estimates depends on the modality of the Services:
a) In DIY Mode, estimates are generated automatically by the Platform’s internal models based on the parameters input by the Client;
b) In Managed Mode, estimates may be provided by Bohemian Research personnel based on project specifications and industry experience.
4.2. All such estimates are based on then-current conditions, including incidence rates, conversion rates, survey length, available respondent supply, targeting constraints, quota structure, and relative competitiveness within the Platform environment.
4.3. The Client acknowledges that all estimates, projections, and feasibility outputs are non-binding and provided solely for informational and planning purposes. As these outputs are based on probabilistic modeling and real-time variables, actual performance may differ materially from estimates due to changes in market conditions, respondent behavior, survey setup, field conditions, or project specifications. Such variances are an inherent part of market research fielding and do not constitute a failure or breach of Service by Bohemian Research.
4.4. Bohemian Research provides no guarantee that a project will reach the estimated number of completes or adhere to the projected timeline. The Client remains responsible for monitoring project performance via the Platform and adjusting specifications or pricing if necessary.
5. Project Execution and Traffic Allocation
5.1. Once a survey is launched, metrics are based on real-time activity. The Platform provides near real-time reporting on actual conversion, incidence, and spend. While we strive for accuracy, the Client acknowledges that data processing intervals or technical limitations may result in delayed or incomplete reporting.
5.2. The Client acknowledges that traffic is allocated dynamically. Survey visibility and volume are determined by factors including: (i) Cost Per Interview; (ii) conversion performance; (iii) Length of Interview; and (iv) targeting constraints. Bohemian Research does not guarantee continuous or uninterrupted traffic.
5.3. Bohemian Research reserves the right to pause or stop distribution of a project to address quality concerns, technical issues, or material divergence between expected and actual project behavior.
5.4. The Client is responsible for monitoring live performance and properly managing project closure in their own survey environment.
5.5. The Client may adjust pricing, quotas, targeting, or other permitted field settings during fieldwork, subject to Platform functionality and this Agreement.
6. Pricing, Fees, and Payment
6.1. The Services operate on a usage-based pricing model. Unless otherwise agreed in writing (e-mail is sufficient), total fees for the project are calculated as follows:
Fees = Number of Accepted Completes × Cost Per Interview
For the purposes of this Agreement:
“Fees” means the total remuneration due to Bohemian Research for the execution of an Individual Agreement.
“Accepted Completes” means instances where a respondent successfully completes the entire survey and is properly redirected to the Client’s designated COMPLETE redirect, provided that such completions have not been rejected or reconciled within the fourteen (14) day reconciliation period.
“Cost Per Interview” means the price per successful completion, which is derived from the set survey length in minutes (“Length of Interview”) multiplied by the applicable per-minute pricing (“Per-Minute Pricing”), subject to the Minimum Pricing Threshold.
6.2. The Platform enforces a minimum pricing threshold applicable to surveys conducted by the Client (“Minimum Pricing Threshold”), which is defined on a minimum cost-per-minute basis. The Minimum Pricing Threshold is determined by Bohemian Research, configured and enforced within the Platform, and visible to the Client at the time of survey setup or within a written proposal. The Platform will not permit the Client to launch surveys below the applicable Minimum Pricing Threshold. The Minimum Pricing Threshold is intended to support respondent engagement, survey visibility, and overall Platform performance.
6.3. Bohemian Research may adjust the Minimum Pricing Threshold upon notice, though the Client may increase its Per-Minute Pricing above the threshold at its discretion to improve survey performance and completion speed. The pricing, fees, and project costs presented within the Platform or in a written proposal shall govern the project based on the specifications provided at that time. If the Client changes any project specifications, including but not limited to Length of Interview, incidence rate, targeting, quotas, or routing, or requested completes, Bohemian Research reserves the right to recalculate the pricing, feasibility, and projected field time based on the updated specifications.
6.4. Billing and payment terms depend on the modality of the Services, as follows:
a) For the DIY Mode, the Platform operates on a prepayment basis; the Client must maintain a sufficient credit balance (“Top-up”) within their account to cover the estimated project price before a project can be launched or published. Any unused balance remains in the Client’s account for future use. Refund of unused Top-up is subject to the conditions set forth in Section 6.6 of these Terms. However, Bohemian Research may, at its discretion or as agreed in an Individual Agreement, allow for postpaid invoicing in the DIY Mode.
b) For the Managed Mode, Bohemian Research will issue invoices at such intervals as it may determine, including but not limited to upon project completion, on a monthly basis, or as otherwise set forth in an Individual Agreement. Unless specified otherwise in an Individual Agreement, invoices are due within thirty (30) days of their receipt by the Client. Bohemian Research may suspend access to the Services or pause ongoing projects for overdue amounts.
6.5. The Platform’s records, including project settings, current balance, delivered completes, applicable pricing, and accepted reconciliation outcomes, shall constitute the official system of record for billing purposes unless disputed by the Client in good faith within the applicable review period. If the Client cancels or pauses a project while in the field, the Client remains responsible for all Accepted Completes delivered through the effective time of such cancellation or pause.
6.6. Upon written request, unused Top-up amounts exceeding USD 100 may be refunded (primarily via bank transfer to the Client’s account), subject to an administrative fee of 10% of the requested refund amount or USD 50, whichever is greater (to cover manual processing and Bohemian Research's transaction costs). The Client acknowledges and agrees that any additional fees charged by the Client’s bank or intermediary banks, as well as any losses resulting from currency conversion, shall be borne exclusively by the Client.
7. Quality Control and Reconciliation
7.1. Bohemian Research applies Platform-level quality control measures to identify and filter invalid activity, including fraud, duplication, and other non-genuine participation detected within the Platform. Bohemian Research may, at its sole discretion, exclude from billing any completions rejected based on these Platform-level measures.
7.2. Where surveys are hosted on the Client’s or a third party’s survey platform, the Client acknowledges that Bohemian Research does not have visibility into survey-level response quality (e.g., straightlining, open-end quality, speeding, inconsistent answers, or other survey-content-based quality determinations).
7.3. The Client may request reconciliation for Accepted Completes rejected for non-survey-specific quality reasons (such as fraudulent activity or speeding), provided the Client submits reasonable supporting documentation within fourteen (14) days from the date each specific respondent completes the survey. Requests submitted after this window are deemed waived and our records shall be final and binding.
7.4. No reconciliation will be granted for issues arising from the Client’s survey design, logic, routing, screening criteria, quota configuration, redirects, incentive design outside the Platform, or external survey platform.
7.5. To preserve good-faith reconciliation practices and prevent abuse, if the Client’s rejection rate exceeds one and a half (1.5) times the Platform’s average reconciliation rate over a reasonable period chosen by us (per-project basis or over a broader measurement period determined by us), Bohemian Research reserves the right to perform an enhanced review and may reject the reconciliation request at its sole discretion.
7.6. Accepted reconciliation outcomes will be credited back to the Client’s Current balance (for DIY Mode) or adjusted in the next invoice (for Managed Mode). Bohemian Research reserves the right, at its sole discretion, to determine the final form and method of such credit or adjustment.
8. Conduct, Restrictions and Data Roles
8.1. The Client shall not use the Services or the respondent network to:
a) recruit or solicit respondents into the Client’s own panels, mailing lists, or marketing databases;
b) serve commercial advertising or sales solicitations that are unrelated to the specific research objectives of the Individual Agreement;
c) install software, or collect data unrelated to the agreed research purpose;
d) introduce malware, spyware, deceptive flows, or any technology that could impair the Platform, the respondents, or third-party systems; or
e) conduct or distribute surveys that are unlawful, deceptive, discriminatory, harmful to respondents, or otherwise inconsistent with accepted research standards.
8.2. The Client acknowledges that Bohemian Research may provide certain pseudonymized user attributes (e.g., age, gender, hashed identifiers) via URL parameters to facilitate targeting. The Client shall use such data solely for research targeting and deduplication and shall not attempt, either alone or in combination with other information, to re-identify any individual respondent.
8.3. The Client shall not collect directly personally identifiable information within the survey experience unless such collection is strictly required for the specific research purposes of the Individual Agreement. Where the collection of such information is necessary, the Client represents and warrants that:
a) all such activities shall be performed in strict accordance with applicable local and international data protection laws and regulations;
b) the Client is solely responsible for providing respondents with appropriate privacy notices and obtaining valid legal consents, or establishing other necessary legal bases for such collection and processing, as required by applicable law; and
c) the Client shall act as the sole data controller regarding any personally identifiable information collected through the Client’s survey.
8.4. Unless expressly agreed in writing, the Client shall not place cookies, use tracking technologies, or request software or app downloads through the survey beyond what is reasonably necessary for the research purpose and compliant with applicable law.
8.5. Bohemian Research and the Client act as independent data controllers for their respective processing purposes. Bohemian Research controls data for its Platform management, Apps management and distribution of rewards to the respondents, while the Client independently determines the purposes and means of the survey research and acts as the data controller for all data collected through such surveys. Bohemian Research acts as a neutral intermediary and is not responsible for the legality or appropriateness of the Client’s surveys and its data collection.
9. Intellectual Property and License
9.1. The Client represents and warrants that it has all rights necessary to field its surveys. The Client retains ownership of its survey content but grants Bohemian Research a limited, worldwide, royalty-free license to distribute and display the survey links to respondents to fulfill the Individual Agreement.
9.2. We retain all right, title and interest in the Services and our creations, and all associated intellectual property rights. We grant no licensed rights to our patents. The user interface, user experience, icons, presentation layer and elements, reports, layouts, and screen displays of or generated by the Services are our intellectual property. You may not use, reproduce, distribute, deploy, or prepare derivative works of the Services or our creations, except for your own research operations or your own business operations, and solely in accordance with these Terms.
9.3. Subject to your compliance with the obligations of these Terms, we hereby grant to you a non-sublicensable, non-transferable, and non-exclusive license to (a) use the Services on any applicable computing device for your internal use in support of your business or research operations and to set it up in your environment by you and your employees or agents, working exclusively in support of your business operations.
9.4. The Services may update automatically. Updates may be required for your continued use of the Services.
9.5. Except as set forth above, you will not: copy the Services; distribute to or share use of the Services with any third party; modify, or create derivative works or improvements of, the Services; or sublicense, rent, lease, or commercially host the Services. All rights not expressly granted in this paragraph are reserved to us.
9.6. We and our licensors retain all right, title and interest in the Platform, the Services and associated intellectual property rights, and all copies of the Services.
9.7. You will not reverse engineer or otherwise attempt to derive the source code, interfaces or other information from the Services, or work around technical protections or limitations associated with the Services, except and only to the extent that such activity is expressly permitted by directly applicable law notwithstanding this limitation. Any information supplied to or obtained by you under this paragraph may only be used by you for the purpose described in this paragraph, and will not be disclosed to any third party or used to create any software that is substantially similar to the Services. You will not circumvent or bypass any technological protection measures in or relating to the Services, or enable access by unauthorized third-party applications.
9.8. Except for the raw survey data and research results generated through the use of the Services (“Results”), which shall be owned by the Client, we retain all right, title and interest in and to any deliverables, software, materials, data, information or content provided to you (“Deliverables”) in furtherance or in connection with your use of the Services, and all associated intellectual property rights. You will not directly or indirectly copy the Deliverables or disclose them to any third party, in whole or in part, and upon the termination of these Terms or access to the Services, you will destroy and not retain use of all copies of all Deliverables (excluding the aforementioned Results owned by the Client).
9.9. You agree that any use of our intellectual property will inure to the sole benefit of Bohemian Research. You will not directly or indirectly file or prepare any application for registration of any of our intellectual property; assert any right, title, license to, or interest in any of our intellectual property; or adopt, use, file for registration, or register, in whole or in part, any intellectual property which may be, in our sole discretion, confusingly similar to or an infringement of any of our intellectual property.
10. Confidentiality
10.1. “Confidential Information” means all non-public, proprietary, or confidential information disclosed by one Party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (including project specifications, pricing, and business strategies).
10.2. Each Party shall use the other Party’s Confidential Information solely for the purpose of performing under this Agreement and shall not disclose such information to any third party except to its employees, contractors, or advisors who have a need to know and are bound by confidentiality obligations.
10.3. This obligation does not apply to information that is public, independently developed, or lawfully received from a third party.
10.4. A Party may disclose Confidential Information of the other Party to the extent such disclosure is required by law, regulation, or order of a court or other governmental authority. In such event, the Party required to make such disclosure shall, to the extent legally permitted, provide the other Party with prompt written notice of such requirement prior to the disclosure, so that the other Party may seek a protective order or other appropriate remedy.
10.5. This obligation survives termination of the Agreement for three (3) years.
11. Indemnity
11.1. To the maximum extent permitted by law, the Client shall indemnify, defend, and hold harmless Bohemian Research, its affiliates, and their respective officers, directors, employees, and agents from and against any and all losses, liabilities, damages, and expenses (including reasonable legal fees), that arise from these Terms or relate to the Client’s use of the Services, including without limitation any losses and liabilities arising out of or relating to:
a) any breach of the representations, warranties, or obligations set forth in Section 8 of these Terms;
b) the nature, legality, or appropriateness of the Client’s survey content, including but not limited to any claims arising from the collection of sensitive data (such as health information, religious beliefs, or political opinions);
c) any claims brought by third parties (including respondents or regulatory authorities) resulting from the Client’s use of the Services or the specific way the Client manages its surveys and data collection.
11.2. Bohemian Research reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the Client, in which event the Client shall fully cooperate with Bohemian Research in asserting any available defenses and shall pay all reasonable costs and expenses associated with such defense as they are incurred.
12. Warranty Disclaimer
12.1. The Services are provided on “as is” and “as available” basis and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law. We do not guarantee that the Services shall be available and running 100 % of the time and we do not take any responsibility for any downtime of our Services.
12.2. The Client acknowledges that respondent profiling data is self-declared by users and is not independently verified by Bohemian Research. We make no warranties regarding the accuracy, reliability, or completeness of such profiling data or the fulfillment of specific survey quotas.
12.3. Bohemian Research shall not be responsible for any loss, corruption, or deletion of data, project configurations, targeting parameters, survey settings, or any other information input by the Client into the Platform. It is the Client’s sole responsibility to maintain independent records or backups of its project specifications and survey links.
12.4. The disclaimers of warranty under this Section 12 also apply to our subsidiaries, affiliates and third-party service providers.
13. Limitation of Liability
13.1. To the maximum extent permitted by law, Bohemian Research (including its affiliates, officers, directors, and providers) shall not be liable to the Client for any indirect, incidental, consequential, or punitive damages arising out of these Terms or the use of the Services.
13.2. Without limiting the generality of Section 13.1, and to the maximum extent permitted by law, Bohemian Research shall not be liable for:
a) any financial losses, including loss of profits, loss of business, or loss of anticipated savings;
b) the accuracy, reliability, or completeness of respondent data or self-declared profiling information;
c) the loss, corruption, or deletion of any data, project configurations, targeting parameters, or survey settings;
d) any damages resulting from downtime of the Services or technical failures of third-party infrastructure;
e) any acts, omissions, or conduct of respondents once they have been redirected to a third-party survey or platform, including the respondent’s interactions with the Client’s systems, or the security, legality, and data handling practices of such third-party platforms;
f) any conflicting contractual agreements between the Client and its own customers or third parties.
13.3. For this Section 13 “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents, advisors and third-party service providers.
13.4. Notwithstanding anything to the contrary in this Agreement, in no event shall the total aggregate liability of Bohemian Research (including its subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers) arising out of or relating to these Terms or the Services exceed the total fees paid by the Client to Bohemian Research during the three (3) months preceding the event giving rise to the claim.
14. Governing Law and Dispute Resolution
14.1. We encourage you to contact us if you have an issue. If a dispute does arise out of these Terms or related to your use of the Services, and it cannot be resolved after you talk with us, then it must be resolved by competent courts.
14.2. This Agreement and all Individual Agreements shall be governed by and construed in accordance with the laws of the State of Delaware.
14.3. All disputes arising from this Agreement or any of the Individual Agreements shall be the exclusive jurisdiction of the competent courts of the State of Delaware.
15. Data Privacy and Processing
15.1. Bohemian Research may process certain personal data of the Clients or Client’s Members (e.g., name, business email address, IP address) for account management, billing, platform security, and communication purposes. For these processing activities, Bohemian Research acts as a data controller.
15.2. To the extent applicable to the technical execution of the Services (specifically regarding respondent profiling, matching, and rewards), the Client acknowledges the data processing practices described in Bohemian Research’s App Privacy Policy (available here), which serves as a secondary reference for respondent-side data flows and technical safeguards.
15.3. To operate the Services, Bohemian Research hosts its databases and primary infrastructure in the United States. The Client acknowledges that personal data of Members will be transferred to and processed in the United States and other jurisdictions where Bohemian Research service providers maintain facilities.
15.4. For any questions regarding data processing or to exercise privacy rights, the Client or its Members may contact privacy@bohemianresearch.com.
16. Term and Termination
16.1. This Agreement is concluded for an indefinite period of time.
16.2. The Client may terminate this Agreement at any time for any reason or no reason by (i) providing written notice (including via email) to Bohemian Research, with such termination taking effect immediately, or (ii) closing all associated Member Accounts and ceasing all use of the Services. Termination under this Section 16.2 shall be subject to the settlement of all outstanding obligations and the treatment of ongoing projects as set forth in Section 16.4 and 16.6.
16.3. Bohemian Research may terminate this Agreement at any time for any reason or no reason by providing written notice (including via email) to the Client, with such termination taking effect immediately. Upon such notice, the Client’s right to initiate new Individual Agreements or launch new projects shall cease immediately. Any Individual Agreements active at the time of termination shall be governed by Section 16.4.
16.4. Termination of this Agreement shall not automatically terminate any Individual Agreements that are active at the time of termination. These Terms shall continue to govern such Individual Agreements until they are either completed, canceled, or otherwise terminated in accordance with their specific terms, and until all resulting financial obligations are fully settled.
16.5. Bohemian Research may suspend or terminate access to the Services immediately and without notice if the Client or its Member:
a) breaches Section 8 of these Terms;
b) fails to pay any overdue amounts;
c) engages in any fraudulent, suspicious, or unusual activity; or
d) otherwise materially breaches its contractual or legal obligations.
16.6. In the event of termination under Sections 16.2, 16.3, or 16.5, Bohemian Research reserves the right to immediately pause or cancel any ongoing projects if necessary, and the Client remains liable for all costs and fees incurred up to the moment of such pause or cancellation.
16.7. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to those regarding payment obligations, intellectual property, confidentiality, indemnity, and limitation of liability.
17. General Provisions
17.1. These Terms and any applicable Individual Agreements are the entire agreement between you and Bohemian Research regarding the Services, and supersede all prior discussions, understandings, or agreements.
17.2. Specifically excluded from application to these Terms is the law known as the United Nations Convention on the International Sale of Goods.
17.3. Nothing in this Agreement shall be construed to create a partnership, joint venture, employee-employer, or franchiser-franchisee relationship between Bohemian Research and the Client.
17.4. Bohemian Research shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control.
17.5. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
17.6. We may update these Terms from time to time by posting the new version on our website or within the Platform. In the case of material changes, we will notify you before they come into effect (e.g., via email or Platform notification). Your continued use of the Services after a change becomes effective constitutes your acceptance of the new Terms.
17.7. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration or through Platform notifications.
17.8. The Services are intended for use by businesses and organizations and not for personal consumer purposes. To the maximum extent permitted by law, you acknowledge and agree that consumer protection laws do not apply to this Agreement.
17.9. Neither Party may assign or transfer this Agreement, in whole or in part, without the prior written consent of the other Party; provided, however, that (i) Bohemian Research may assign this Agreement without such consent to an affiliate, and (ii) either Party may assign this Agreement without such consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. No assignment shall relieve the assigning Party of any of its obligations hereunder incurred prior to the date of assignment. Subject to the foregoing, this Agreement will bind and inure to the benefit of the Parties, their respective successors and permitted assigns.
17.10. If you have any questions or concerns regarding these Terms of Service, do not hesitate to contact us at services@bohemianresearch.com.
