Last updated: January 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Kooslab UG (in formation) ("eQuest", "we", "us", or "our") governing your access to and use of the eQuest questionnaire builder service, including any associated websites, applications, and services (collectively, the "Service").
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
eQuest is a questionnaire and form builder platform designed for freelancers, agencies, and businesses to collect information from clients. The Service includes:
To use most features of the Service, you must register for an account. When registering, you agree to:
You must be at least 16 years old to create an account. By creating an account, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
You are solely responsible for the content you create, upload, or collect through the Service. This includes questionnaires, responses, files, and any data you gather from respondents. You must ensure you have the legal right to collect and process such data.
When you collect data from clients or respondents through the Service, you act as the data controller for that data. You are responsible for:
When processing data you collect through the Service, we act as your data processor. Our data processing activities are governed by our Data Processing Agreement.
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
The Service, including its original content (excluding User Content), features, and functionality, is owned by eQuest and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You retain all rights to the content you create or upload to the Service ("User Content"). By using the Service, you grant us a limited license to host, store, and display your User Content solely for the purpose of providing the Service to you.
If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without restriction or compensation to you.
Some features of the Service require a paid subscription. By subscribing to a paid plan, you agree to:
Subscriptions automatically renew unless cancelled before the renewal date. You can cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.
Refunds may be provided at our discretion. For EU users, statutory withdrawal rights apply for the first 14 days after purchase, unless the service was fully performed with your consent.
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.
We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice of significant changes when possible.
You may terminate your account at any time through your account settings. Upon termination, your data will be handled according to our Privacy Policy.
We may terminate or suspend your account immediately, without prior notice, if:
Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination will remain in effect.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, secure, or error-free, or that defects will be corrected.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EQUEST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
You agree to indemnify, defend, and hold harmless eQuest and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Service, your User Content, or your violation of these Terms.
These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.
Any disputes arising from these Terms or the Service shall be resolved through:
If you are a consumer in the European Union, you may also bring proceedings in the courts of your country of residence. Nothing in these Terms affects your rights as a consumer under mandatory consumer protection laws.
We reserve the right to modify these Terms at any time. We will notify you of material changes by email or by posting a notice on the Service at least 30 days before the changes take effect.
Your continued use of the Service after the effective date of revised Terms constitutes acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.
These Terms, together with the Privacy Policy and DPA (if applicable), constitute the entire agreement between you and eQuest regarding the Service.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
If you have any questions about these Terms, please contact us: