Native-Exports Terms and Conditions - Beta Version

Last Updated: April 5, 2024

By accessing or using the Qualtrics PPT Export service ("Service"), you ("User") agree to be bound by the following Terms and Conditions ("Terms"). If you disagree with any part of these Terms, you may not use the Service.

1. Description of Service

The Qualtrics PPT Export Service enables Users to connect their Qualtrics account via an API key and download survey data in native PowerPoint format. The Service is currently in a beta phase.

2. No Affiliation with Qualtrics LLC

Native-Exports and the Qualtrics PPT Export Service are not affiliated with, endorsed by, or in any way connected to Qualtrics LLC or its affiliates. "Qualtrics" is a trademark of Qualtrics LLC, and our use of the term is solely to describe the compatibility of our Service with Qualtrics data.

3. Beta Phase

- The Service is currently in a beta testing phase ("Beta"). The duration of the Beta is not predetermined and may be terminated or extended at Native-Exports' sole discretion.
- During the Beta, Users may access the Service free of charge.
- Native-Exports reserves the right to modify, suspend, or discontinue the Beta or any part thereof at any time without prior notice.
- Users acknowledge and agree that they have no right or expectation of continued access to the Service after the Beta ends.
- Upon conclusion of the Beta, Native-Exports may choose to offer the Service commercially. Users will be notified of any such transition and given the option to subscribe to the paid service.

4. Account Registration

- Users must register for an account to access the Service.
- During registration, Users will provide accurate, current, and complete information, including name and email address.
- Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.
- Native-Exports will not be liable for any loss or damage arising from unauthorized use of a User's account.

5. Data Processing and Storage

- The Service processes User data to generate PowerPoint exports but does not store any User information or exported data.
- Users are solely responsible for the security and backup of their exported data.
- Native-Exports makes no guarantees regarding the completeness or accuracy of the exported data.
- Users acknowledge that once the export process is complete, Native-Exports has no access to or control over the exported data.

6. Intellectual Property and Ownership

- The Service, including its underlying code, design, and content, is the intellectual property of Native-Exports GmbH and is protected by copyright and other intellectual property laws.
- Users are granted a limited, non-exclusive, non-transferable license to use the Service solely for accessing and downloading their own Qualtrics survey data during the Beta phase.
- Users retain all rights, title, and interest in and to their Qualtrics data and exported PowerPoint files. Native-Exports claims no ownership or control over User data or exports.
- Users may not modify, reverse engineer, decompile, disassemble, or create derivative works based on the Service, or distribute, sublicense, or transfer the Service in any way.

7. User Responsibilities

- Users are responsible for obtaining all necessary permissions and rights to use their Qualtrics survey data within the Service.
- Users agree not to use the Service for any illegal, unauthorized, or prohibited purpose.
- Users agree not to disrupt or interfere with the Service, servers, or networks connected to the Service, or violate any requirements, procedures, policies, or regulations of networks connected to the Service.
- Users acknowledge that the Beta version of the Service may contain bugs, errors, or other issues and agree to report any such issues to Native-Exports promptly.
- Users are solely responsible for verifying the accuracy and completeness of their exported data.

8. Limitation of Liability and Disclaimer of Warranties

8.1 Disclaimer of Warranties: The Service, including the Beta version, is provided "as is" and "as available" without any warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Native-Exports GmbH expressly disclaims all warranties to the fullest extent permitted by law.

8.2 No Warranty on Data or Exports: Native-Exports makes no warranties or representations regarding the accuracy, completeness, reliability, or quality of any data processed or exported through the Service. Users assume all risks associated with the use of the Service and any resulting exported data.

8.3 Limitation of Liability: To the maximum extent permitted by applicable law, Native-Exports GmbH and its officers, directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Native-Exports has been advised of the possibility of such damages), resulting from:

(a) The use or inability to use the Service;
(b) Any errors, mistakes, or inaccuracies in the exported data;
(c) Unauthorized access to or alteration of your transmissions or data;
(d) Statements or conduct of any third party on or related to the Service;
(e) Any other matter relating to the Service.

8.4 Exclusion of Liability: Native-Exports GmbH specifically disclaims all liability for any issues related to the accuracy, completeness, or quality of the exported data. Users agree that they have no right to claim any damages or compensation from Native-Exports for any such issues.

8.5 Essential Purpose: The limitations of damages set forth above are fundamental elements of the basis of the bargain between Native-Exports and you. You acknowledge and agree that Native-Exports would not provide the Service without these limitations.

8.6 Beta Service: Users acknowledge that they are using a Beta version of the Service, which may contain bugs, errors, or other issues. Use of the Beta Service is at the User's own risk.

8.7 Applicable Law: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations in this section may not apply to you. In such cases, Native-Exports' liability will be limited to the fullest extent permitted by applicable law.

9. Indemnification

Users agree to indemnify, defend, and hold harmless Native-Exports GmbH and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from: (a) User's use of the Service; (b) User's violation of these Terms; (c) User's violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that User's use of the Service or the exported data caused damage to a third party.

10. Changes to Terms

- Native-Exports reserves the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website or through other reasonable means.
- Continued use of the Service following any changes constitutes acceptance of the revised Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.

12. Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in Hannover, Germany, in accordance with the rules of the German Institution of Arbitration (DIS). The language of arbitration shall be English.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

14. Entire Agreement

These Terms constitute the entire agreement between you and Native-Exports GmbH regarding the Service and supersede all prior agreements and understandings, whether written or oral.

15. Contact Information

For questions or concerns regarding these Terms or the Service, please contact Native-Exports at:

Email: support@native-exports.com
Address: Schubertstraße 5 - 30161 Hannover