GORILLA TERMS AND CONDITIONS
We are Cauldron Science Ltd, a company registered in England and Wales (company number 07071678) with our registered office located at 2 Old Bath Road, Newbury, Berkshire RG14 1QL, United Kingdom.
You can contact us by email at firstname.lastname@example.org.
We provide subscribers with access to our web-based tool (located at www.gorilla.sc and www.cauldron.sc) that helps you plan, design and carry out on-line psychology experiments for research purposes as more fully described on our website ('Gorilla').
These terms and conditions together with any written order form that we have provided to you comprise the agreement between us ('Agreement').
In these terms and conditions we refer to Cauldron Science Limited as 'we' or 'us' and we refer to the person, company, organisation or institution subscribing to use Gorilla as 'you'.
Please read these terms and conditions carefully. By continuing to use Gorilla, you agree to these terms and conditions. If you do not agree to these terms and conditions then you must not use Gorilla.
If you are entering this Agreement on behalf of a person, company, organisation or institution, then you must ensure you have all required permission and authority to do so. If you do not have such permission or authority, you must not use Gorilla.
You may only use Gorilla once you have completed registration and account set up.
You must ensure the information you provide to us at registration is accurate and that you promptly update us if it changes. If you do not provide accurate information, then you may be liable to pay additional Charges to us or we may terminate your use of Gorilla.
Once you have completed registration and paid the applicable charges, we will provide you with a user account(s) and password(s). You must keep all account password(s) secure. If you purchase an account with multiple users then you are responsible for ensuring that all users keep the account password(s) secure and otherwise comply with these terms and conditions.
If you lose your password or you think someone else may know your password, you must let us know immediately and we will issue a new password. We are not responsible for any loss or damage caused by anyone else who uses your Gorilla account using your password.
Once you have paid the relevant charges, we grant you a non-exclusive right to access and use Gorilla to plan, design and carry out on-line psychology experiments for research purposes only. You may not use Gorilla for any other purpose, including but not limited to commercial use (unless you have paid the applicable commercial use charges), and if you do so then we may terminate your subscription to Gorilla.
You can use your user account to invite your selected participants to take part in experiments ('Participants'). You are responsible for ensuring your Participants access and use Gorilla in a way which is consistent with these terms and conditions and we will be entitled to suspend or terminate your subscription if you fail to do so.
You may register to use Gorilla without charge for a trial period with limited functionality ('Trial Account'). If your Trial Account remains dormant for a period of 6 months or longer then we may securely delete your Trial Account and User Content and it will no longer be available to you.
We will provide you either on our website or separately with details of all costs and charges payable by you for accessing and using Gorilla. Our charges are payable within 30 days of the date of our invoice. Charges are exclusive of VAT (or any other similar tax or charge) which shall be payable by you in addition at the prevailing rate.
Once you have purchased a subscription to Gorilla you have the right to cancel it within 14 days. If you do not cancel within 14 days then the amounts you have paid us will not be refundable if you later decide to cancel your subscription to Gorilla (except as expressly provided in these terms and conditions).
Your subscription to Gorilla will begin when you complete our registration process and pay the Charges and will continue for the duration of the subscription term you have purchased ('Subscription Term'). If you cancel or choose not to use your Gorilla subscription during the Subscription Term you will not be entitled to a refund of any Charges you have paid. Once the Subscription Term expires, your subscription will automatically renew at the then applicable price. If you choose not to renew your subscription, your account will be downgraded to a free account with limited functionality.
We own or have the right to use all intellectual property rights (including, without limitation, copyright, database rights, design rights, patents, trademarks and logos) in and to Gorilla, our website and the material, documents, information and services that we provide to you ('Cauldron IP').
You retain all rights in and to the User Content and we are permitted to use the User Content only in order to provide Gorilla and its services to you.
Once the Agreement expires or earlier terminates, your rights to use the Cauldron IP and our rights to use the User Content shall come to an end.
You agree that you are acting as a data controller and we as data processor (as both terms are defined in the Data Protection Act 1998) in relation to any personal data uploaded onto Gorilla. We will only use any personal data you provide to us as necessary to comply with our obligations under the Agreement or as you instruct us. We will put in place appropriate technical and organisational security measures in respect such data.
You are solely responsible for ensuring that you and your Participants comply with all laws, regulations, guidelines, and codes of practice relating to your use and access of Gorilla and the services we provide and for complying any relevant requirements of your company, organisation and/or institution.
If you or your company, organisation or institution have in place or are otherwise subject to any code of ethics, regulatory guidelines or any other codes or practices then you are solely responsible for ensuring that your use of Gorilla is fully compliance with any such requirements.
You agree not to do anything that interferes with or compromises the proper working of Gorilla or places an unreasonable load on our systems or infrastructure. We do not place any limits on the volume of data that you can upload onto Gorilla provided that you do not uploaded volumes that we (at our sole discretion) consider unreasonable. We will notify you if we consider the volumes of data you have uploaded to be unreasonable and we will give you the option to reduce your data volumes or pay extra for our reasonable data storage costs. If you do not comply with the options we provide to you within the period we specify then we may terminate your subscription to Gorilla and refund any pre-paid, unused charges.
You may only use Gorilla for lawful purposes. You may not use Gorilla:
You also agree not to access without authority, interfere with, damage or disrupt any part of Gorilla.
You can upload or input your own information, data, materials and content ('User Content') onto Gorilla in accordance with these terms and conditions.
You are solely responsible for the User Content and for ensuring that you have all rights and permissions necessary to use and upload the User Content and that the User Content complies with all applicable law and is not obscene, defamatory, pornographic, inflammatory, offensive, discriminatory, promoting of any illegal activity, threatening or abusive. If the User Content contains aversive stimuli or similar material it is your responsibility to secure all necessary approvals to use such content in experiments that you conduct using Gorilla. We may without liability to you remove any User Content that does not comply with these requirements.
We may (but are not obliged to) monitor your User Content and/or your use of Gorilla. We may access your account and/or share your User Content and information relating to your use of Gorilla as necessary or appropriate to satisfy our legal obligations, to protect us and/or our customers, or to operate Gorilla and the services we provide.
When carrying out consultancy services, we shall:
You are soley responsible for implementing and testing any deliverables arising from consultancy services. Until accepted by you, any deliverables are licenced for evaluation and debugging purposes only. Once accepted, you are licenced to use the deliverables, but we accept no responsibility for any defects, either new or existing.
We warrant to you that Gorilla will provide the functionality and services described on our website and that we will endeavour to provide Gorilla and any related services we may offer with all due care and skill. All other warranties, whether express, implied or statutory, are excluded to the fullest extent permitted by law.
We do not represent or warrant that Gorilla will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and equipment and for undertaking reasonable precautions to scan for computer viruses or other destructive properties.
We make no representations or warranties regarding the compatibility or performance of any third party hardware or software that may be used in connection with Gorilla.
The results you generate will depend on a number of factors including the User Content you uploaded, the accuracy of your experiment and the efficiency of the Participants. We make no commitment as to the quality, accuracy or completeness of the results you generate from your use of Gorilla.
You are entitled to cancel your subscription to Gorilla in accordance with clause 7 (Duration) above.
We may terminate your subscription to Gorilla and your right to access and use Gorilla at any time and without notice if you do not comply with any of the terms of the Agreement including, without limitation, the provisions relating to Acceptable Use and User Content.
Where either you cancel or we terminate the Agreement, you will not be entitled to any refund of amounts you have paid. We will also give you a reasonable opportunity to download your User Content. When this Agreement terminates or is cancelled then your right to use and access Gorilla will also come to an end.
Clauses 2, 6, 8, 14, 15, 17, 18 and 19 shall survive termination of expiry of the Agreement together with and other provisions which by their nature are intended to survive. Termination or expiry of the Agreement will not relieve us or you from any obligation or liability that has accrued prior to such termination or expiry.
We may change these terms and conditions at any time by updating this document. You should check this document from time to time to review these terms and conditions and you will be sent a copy of this document each time it is updated so that you can ensure you are happy with any changes. If you not accept any change we make to these terms and conditions then you are entitled to cancel your subscription to Gorilla and receive a refund of any pre-paid, unused charges.
These terms and conditions do not limit or exclude our liability (if any) to you for: personal injury or death resulting from our negligence; fraud and fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude or to attempt to limit or exclude our liability.
We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you used Gorilla.
Our liability to you whether under tort (including negligence), breach of these terms and conditions, breach of statute or otherwise shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits, lost revenue, loss of anticipated savings, and/or business interruption (and in each case whether direct or indirect).
Subject to the foregoing, our maximum aggregate liability to you shall in no event exceed 125% of the charges you have paid us.
You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under the Agreement without our prior written consent.
We will not be in breach of the Agreement or liable to you to the extent that we are prevented or delayed in performing our obligations to you by any event beyond our reasonable control (including acts of God, war, riot, civil commotion, fire, flood, or storm).
The Agreement and the documents expressly incorporated into the Agreement contains the entire agreement between you and us in relation to its subject matter and supersedes any prior written or oral agreements, representations or understandings between you and us.
Any notice to be given under the Agreement must be communicated by email to the address most recently notified by the receiving party. Receipt of notice shall be deemed to occur at the time when the notice would in the ordinary course be delivered or transmitted.
If any part of the Agreement is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the rest of such terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
The Agreement and any issues, disputes or claims arising out of or in connection with it (whether contractual or non-contractual) shall be governed by English Law. All disputes or claims arising out of or relating to the Agreement shall be subject to the exclusive jurisdiction of the English Courts.