Qualtrics Research Suite
Terms & Conditions
Qualtrics at UVA: A 3-Year Pilot Project
The Qualtrics Research Suite license is being funded in a pilot/experimental manner for a period of three (3) years, ending on 25 June 2019. There is currently no long-term, ongoing funding identified for this product.
THUS, THERE SHOULD BE NO EXPECTATION OF CONTINUED OR GUARANTEED RENEWAL OF THIS PRODUCT AFTER THIS TIME. YOU ("YOU" OR "YOUR"), A FACULTY MEMBER, STAFF MEMBER, OR STUDENT OF THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA ("EDUCATIONAL INSTITUTION", "UVA", OR "SUBSCRIBER") OR AN OTHERWISE ALLOWED PERSON ("OTHERWISE ALLOWED PERSONS"), SHOULD BE PREPARED TO MIGRATE AND MOVE ALL MISSION-CRITICAL DATA FROM THE PLATFORM AFTER THE THREE YEAR TRIAL PERIOD FOR LONG TERM STORAGE AND RETENTION.
If, at the end of the 3-year period, a funding path can be identified and there is still a valid need for the product, then the license will continue under that to-be-determined funding stream.
Qualtrics Research Suite: Terms of Service
Qualtrics, LLC. (“Qualtrics”) is making the Qualtrics Service (as defined below) available to You because You are a faculty member, staff member, or student of the University of Virginia) or You have otherwise been invited by the Educational Institution to access and use the Qualtrics Service. For the purposes of this Agreement members of UVA and Otherwise Allowed Persons shall include all personnel (faculty, staff, and students) under the purview of the Rector and Visitors of the University of Virginia, provided that such person containing entity’s charter is for or in support of the University’s missions statement. Such person containing entities include the University of Virginia-Academic Division, the University of Virginia’s Medical Center, the University of Virginia’s College at Wise, any University-related foundation and continuing education center.
Please read these terms of service carefully before using the Qualtrics Service. These terms of service govern Your access to and use of the Qualtrics Service and constitute a legally binding agreement (this “Agreement”) by and among You, Qualtrics, and Educational Institution.
Irrespective of the physical location from which You access or use the Qualtrics Service, You will be considered to be accessing or using information technology at Educational Institution.
Therefore, in addition to the obligations set forth in this Agreement, in connection with Your access to and use of the Qualtrics Service, You will, at all times, fully comply with all of Educational Institution’s policies, practices (whether or not in writing), procedures, rules, and acceptable and/or responsible use agreements that apply to Your access and/or use of information technology resources at Educational Institution, as they may be updated and/or newly created by Educational Institution from time to time (collectively, the “Institutional Policies”); and, such Institutional Policies are hereby incorporated into and made a part of this Agreement.
Your access to and use of the Qualtrics Research Suite is governed exclusively by this Agreement, which includes the Institutional Policies, the Qualtrics Master Service Agreement, and the Qualtrics Business Associate Agreement (if accessing Qualtrics through virginiahsd.qualtrics.com). Any other terms of service that are posted at Qualtrics’s website (the “Site”) or that are otherwise provided by Qualtrics will not be deemed applicable to Your access to or use of the Qualtrics Service. In the event You have any questions about this Agreement, You should contact Educational Institution’s Qualtrics Support at firstname.lastname@example.org.
IF YOU ARE AT ALL UNCLEAR ABOUT HOW THIS AGREEMENT (INCLUDING ANY INSTITUTIONAL POLICIES) APPLIES TO YOUR ACCESS TO OR USE OF THE QUALTRICS SERVICE OR YOU THINK THAT YOUR ACCESS TO OR USE OF THE QUALTRICS SERVICE WOULD BE IN VIOLATION OF THIS AGREEMENT (INCLUDING ANY INSTITUTIONAL POLICIES OR ANY POLICIES RELATED TO THE STORAGE AND TRANSMISSION OF DATA CLASSIFIED AS MODERATELY SENSITIVE OR HIGHLY-SENSITIVE DATA), YOU SHOULD, AS APPLICABLE, DISCUSS THE MATTER WITH YOUR SUPERVISOR OR THE STEWARD OF THE DATA FOR WHICH YOU ARE THE CUSTODIAN, OR CONTACT INFORMATION SECURITY BEFORE ACCESSING OR USING THE QUALTRICS SERVICE. YOU ARE RESONSIBLE FOR ENSURING THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, CLASSICATION, APPROPRIATE RETENTION, AND INTELLECTUAL PROPERTY RIGHT TO UTILIZE THE DATA.
PLEASE BE AWARE, AND YOU HEREBY AGREE, THAT YOUR ACT OF ACCESSING OR USING THE QUALTRICS SERVICE, WITHOUT ANY OTHER ACTION ON YOUR PART, INDICATES THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT UNDER ANY CIRCUMSTANCES ACCESS OR USE THE QUALTRICS SERVICE.Educational Institution may, from time to time, deem it necessary to make changes to this Agreement. In the event Educational Institution makes changes to this Agreement, Educational Institution will endeavor to inform You that changes have been made to this Agreement (except that with respect to any Institutional Policy, Educational Institution's obligation, if any, to endeavor to notify you as to changes to such Institutional Policy will be governed by the terms of such Institutional Policy). You, however, have the obligation to routinely check the following webpage [http://its.virginia.edu/software/qualtrics/terms.html] to keep apprised of any changes made to this Agreement. Unless otherwise specified, changes made to this Agreement will be effective when they are posted to such webpage. IF YOU DO NOT AGREE WITH ANY CHANGES THAT HAVE BEEN MADE TO THIS AGREEMENT IN THE INTERIM, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO TERMINATE YOUR USE OF THE QUALTRICS SERVICE.
I. The Qualtrics Service
As used in this Agreement, “Qualtrics Service” means Qualtrics’s series of proprietary computer software programs that facilitate and automate the process of conducting surveys, polls, intercepts, and reports. Qualtrics’s limited, non-exclusive, non-transferable, revocable, world-wide license to utilized the Qualtrics Service for internal business processes enable You to access and use such service in connection with Your being a faculty member, staff member, or student of Educational Institution or otherwise being invited by the Educational Institution to access and use such service. Except for the rights granted in this Agreement, You, have no right, title, or interest in or to the Qualtrics Service.
II. Code of Conduct
You are responsible for all data and content that You upload to the Qualtrics Service or otherwise create using the Qualtrics Service (collectively, “Data”). In addition to any other terms and conditions of this Agreement, YOU AGREE TO ABIDE BY THE FOLLOWING RULES IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF THE QUALTRICS SERVICE:
You will not share passwords or other access information or devices or otherwise authorize any third party to access or use the Qualtrics Service on Your behalf.
You will not engage in unlawful or illegal activity, including, without limitation, by engaging in unauthorized access or unauthorized use of the Qualtrics Service or any accounts, computers, or networks related to the Qualtrics Service.
You will not view any information that You are not authorized to view nor will You attempt to view or obtain any data through any means from the Qualtrics Service that You are not authorized to access or view.
You will not use the Qualtrics Service to breach or violate any confidentiality obligations or privacy requirements, including, without limitation, by collecting or harvesting confidential information.
You will not use the Qualtrics Service to misappropriate or violate the rights of any third party, including, without limitation, using the Qualtrics Service to store, send, or make available materials protected by intellectual property rights of third parties without the permission of the owner of the intellectual property rights, unless otherwise permitted by applicable law.
You represent, warrant, and covenant that You have all necessary rights in and to all Data You upload to the Qualtrics Service or otherwise create using the Qualtrics Service, and that the storage of such Data on the Qualtrics Service is proper and legal.
You will not damage, disrupt, interfere with, diminish, or render inaccessible or unusable the Qualtrics Service, the Site, or others’ equipment or software or others’ data, communications, or use of the Qualtrics Service, or attempt to do so, or encourage or assist others to do so.
You will not initiate a denial of service attack from or against the Qualtrics Service or release a virus, trojan horse, worms or other malware or spyware from or against the Qualtrics Service.
You will not use the Qualtrics Service to engage in fraudulent activity.
You will not use the Qualtrics Service to perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data.
You will not use the Qualtrics Service to abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
You will not use the Qualtrics Service to store, host, view, or distribute child pornography.
You will not sell, rent, or lease the Qualtrics Service, or per permit third parties to utilize the Services without obtaining the prior written consent of Qualtrics; provided, however, that UVA may allow third parties to utilize the Services without obtaining prior written consent from Qualtrics if such third parties are providing services to UVA (but not for such third parties’ own use) and if third party is not a direct competitor of Qualtrics as can be reasonably determined. A direct competitor is a company that produces virtually identical services that is offered for sale within the same market as those produced by Qualtrics, and are not part of the Education Institution or other allowed parties.
You will not attempt to reverse engineer or tamper with the security of any software provided in connection with the Qualtrics Service.
You will not attempt to interfere with or disrupt the integrity of performance of the Qualtrics Service.
You will not take any action that encourages or assists others in engaging in any acts prohibited under this Agreement (including, without limitation, providing others with the ability to access data or functionality they should not be able to access).
You will not use the Qualtrics Service to misrepresent Your identity or impersonate any person.
You will not use the Qualtrics Service to participate in pyramid schemes, chain letters, send irrelevant or inappropriate messages to third parties, send or store malicious software, or upload content that aggravates, harasses, threatens, defames, libels, or abuses others.
You will not use the Qualtrics Service for commercial purposes that are unrelated to the Educational Institution.
You will reasonably cooperate in your use of Qualtrics Technical Support and reasonably provide information to Qualtrics to reproduce errors associated with the Qualtrics service.
You will not place data that is classified highly sensitive data within the moderately sensitive data portal. Any improper placement of data or any suspected or actual unauthorized use, disclosure, breach, or exposure of the data, account credentials, or other security incident, as defined by the UVA policy IRM-12 Information Security Reporting Incident (http://UVApolicy.virginia.edu/policy/IRM-012) must be immediately reported to Information Security by use of the Security Incident Reporting Form at: http://security.virginia.edu/report-information-security-incident for such notification. Reports should be made as soon as possible and no later than 24 hours from the time the incident is identified.
III. Third Party Sites and Third Party Software Applications
When You use the Qualtrics Service, certain features or functionality of the Qualtrics Service may enable You to transmit data to sites on the Internet that are owned and/or operated by parties other than Qualtrics (“Third Party Sites”). Before You use the Qualtrics Service to transmit Data on a Third Party Site, You must first confirm that storing such Data on the Third Party Site would not violate any Institutional Policies that are applicable to You and/or the Data. If You choose to store Data on any Third Party Sites, in addition to any Institutional Policies that may be applicable to Your use of Third Party Sites, Your use of and the Data stored with such Third Party Sites will be subject to and governed by the rules of use set forth by the operator(s) of the Third Party Site(s). Qualtrics and Educational Institution do not have any control over the rules of use set forth by the operator(s) of Third Party Sites, with the exception of otherwise negotiated contracts with select Third Party Site(s). Qualtrics and Educational Institution are not responsible for any Third Party Sites You access with the Qualtrics Service, and You irrevocably waive any claim against the Educational Institution with respect to such Third Party Sites. It will be Your responsibility to comply with the rules of use set forth by the operator(s) of Third Party Sites.
You may be able to access and/or download from the Site and/or Third Party Sites software applications that third parties have created or may in the future create that allow users to access and use certain functionality and features of the Qualtrics Service (“Third Party Apps”). Before You access, download, and/or use any Third Party Apps, You must first confirm that doing so would not violate any Institutional Policies that are applicable to You and/or the Data. If You access, download and/or use any Third Party Apps, in addition to any Institutional Policies that may be applicable to Your accessing, downloading, and/or use of Third Party Apps, Your accessing, downloading, and/or use of Third Party Apps will be subject to and governed by the terms and conditions set forth in one or more separate end user license agreements entered into between You and the creators, publishers, providers, and/or vendors of Third Party Apps. Qualtrics and Educational Institution does not have any control over the terms and conditions set forth in any such separate end user license agreements. Box and Educational Institution are not responsible for any Third Party Apps You access with the Qualtrics Service, and You irrevocably waive any claim against the Educational Institution with respect to such Third Party Apps.
It will be Your responsibility to comply with the terms and conditions set forth in any such separate end user license agreements. Please note, this agreement makes no representation that you can encumber the University in your work as a University employee. Refer inquiries and guidance about accepting terms and conditions on behalf of the University to Procurement and Supplier Diversity Services.
IV. Suspension and Termination of Your Use of the Service
If You breach or violate the terms and conditions of this Agreement, Your access to and use of the Qualtrics Service may be suspended or terminated without prior notice to You. In addition, Your access to and use of the Qualtrics Service may be suspended or terminated without prior notice to You in the event Educational Institution deems it necessary and acceptable to do so. You acknowledge that if Your access to and/or use of the Qualtrics Service is suspended or terminated, it is possible that You may no longer have access to the Data that You uploaded to the Qualtrics Service or otherwise created using the Qualtrics Service.
V. Sanctions, Disciplinary Actions and Legal ActionsWithout limitation of Educational Institution’s or Qualtrics’s other rights or remedies, You acknowledge and agree that a breach by You of this Agreement may result in sanctions imposed by Educational Institution relating to Your use of information or information technology resources, disciplinary action taken by Educational Institution against You in accordance with Institutional Policies, and/or in legal action taken by Educational Institution, Qualtrics, or Third Parties against You.
VI. Right to Access DataEducational Institution will have the right to access Your Data in accordance with the Institutional Policies. Qualtrics may also access Your Data in accordance with the terms and conditions of the agreement between Qualtrics and Educational Institution pursuant to which Qualtrics is providing the Qualtrics Service to You. Education Institution owns all right, title and interest in and to all survey responses, reports, and any other information input or generated on behalf of Subscriber in connection with the Services (the “Data”). Education Institution and You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, classification, and intellectual property right to utilize the Data. The Data shall be deemed to be Educational Institution's Confidential Information, and will not be utilized by Qualtrics for any purpose other than performing its obligations under this Agreement or as may otherwise be agreed to in writing by the Parties. All Data will be stored and processed in a single geographical region as specified on a Service Order. Qualtrics shall be responsible for the backup of Data for disaster recovery purposes only, and Education Institution shall be responsible for routine backup and Data deletion.
VII. Notices and Procedure for Making Claims of Copyright Infringement
Qualtrics and Educational Institution respect copyright law and require You to do the same. Qualtrics and Educational Institution expressly prohibit the use of the Box Service for the illegal transmission of copyrighted material, and will, if notified by content owners, disable copyrighted material from being transmitted via the Qualtrics Service.VIII. Disclaimer and Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 7 OF THE QUALTRICS MASTER SERVICES AGREEMENT SIGNED BETWEEN THE EDUCATION INSTITUTION AND QUALTRICS, QUALTRICS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, ACCURACY, OR COMPLETENESS OF THE SOFTWARE OR SERVICES. QUALTRICS DOES NOT REPRESENT OR WARRANT THAT: (A) SUBSCRIBER’S USE OF THE SERVICES SHALL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM (S), OR DATA; (B) THE SERVICES WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS; OR (C) ALL NON-CONFORMITIES CAN BE OR WILL BE CORRECTED. ALL SERVICES PROVIDED BY QUALTRICS HEREUNDER ARE STRICTLY ON AN “AS IS” BASIS. QUALTRICS DOES NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS WITH RESPECT TO ANY THIRD PARTY CONTENT, EXPRESS OR IMPLIED.
EXCEPT AS SET FORTH IN THIS SECTION 7 OF THE QUALTRICS MASTER SERVICES AGREEMENT SIGNED BETWEEN THE EDUCATION INSTITUTION AND QUALTRICS, EACH PARTY (EDUCATION INSTITUTION AND QUALTRICS) EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, CONDITIONS AND REPRESENTATIONS RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND MERCHANTABILITY.
IX. Governing Law
If any dispute arises between the Qualtrics and the Education Institution, forum and venue will be laid exclusively in the state and federal courts located in or nearest to (a) if the dispute is initiated by Qualtrics, Albemarle County, Virginia or (b) if the dispute is initiated by the Rectors and Visitors of the University of Virginia, Salt Lake City, Utah, and such courts shall have exclusive jurisdiction over any dispute concerning this Agreement. Qualtrics and the Education Institution hereby consent to the personal jurisdiction of such courts and expressly waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served on either Party (Qualtrics or the Education Institution) in a manner authorized by applicable law or court rule. Qualtrics and the Education Institution hereby expressly disclaim the application of the Uniform Computer Information Transaction Act and the United Nations Convention on the International Sale of Goods to this Agreement.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement will continue in effect. The failure of Qualtrics or Educational Institution to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect. You are prohibited from assigning this Agreement or transferring Your rights under this Agreement to a third party; any assignment or transfer by You will be deemed void from inception.Some language in this document adapted (with thanks) from Cornell University
Virginia Qualtrics Research Suite: Terms of Service (virginia.qualtrics.com — Moderately Sensitive Data Portal)
The purpose of this section is to ensure the integrity, security, and confidentiality of the data that is used, received, transmitted, maintained or created on the Virginia Qualtrics Research Suite website.
The Virginia Qualtrics Research Suite website is intended for use to collect data that is considered moderately sensitive data as defined by Administrative Data Access Policy (http://security.virginia.edu/information-policy/administrative-data-access). Such data is any FERPA, GLBA, or otherwise controlled data.
All data in the Virginia Qualtrics Research portal must be treated as moderately sensitive data. Data and results exported from the Virginia Qualtrics Research Suite must be protected and managed appropriately according to UVA's data classification guidelines. (UDPS; http://security.virginia.edu/information-policy/security). Guidance regarding these guidelines and data types is available from UVA Information Security Office by emailing IT-Security@virginia.edu.
Data specifically NOT permitted to be collected or stored on the Virginia Qualtrics Research portal: highly sensitive data, export controlled data (e.g., ITAR), data covered by FISMA or DFARS 252.204-7012, credit card or other data containing financial account information (e.g., bank account). The Virginia Qualtrics Research portal is not configured to meet the controls required for these type data. You are responsible for ensuring that the Virginia Qualtrics Research portal is an appropriate environment for the data and is urged to contact Information Security at email@example.com for assistance in making this determination.
Virginia-HSD Qualtrics Research Suite: Terms of Service (virginiahsd.qualtrics.com — Highly Sensitive Data Portal)
The purpose of this section is to ensure the integrity, security, and confidentiality of the data that is used, received, transmitted, maintained or created on the Virginia-HSD Qualtrics Research Suite website.
The Virginia-HSD Qualtrics Research Suite website is intended for use to collect data that is considered highly sensitive data as defined by Electronic Storage of Highly Sensitive Data Policy (IRM-015; http://UVApolicy.virginia.edu/policy/IRM-015). Such data is any personal information that can lead to identity theft if exposed and health information that reveals an individual's health condition and/or history of health services use. Examples include data protected by HIPAA regulations, social security numbers, and driver's license numbers.
All data in the Virginia-HSD Qualtrics Research portal must be treated as highly sensitive data. Data and results exported from the Virginia-HSD Qualtrics Research Suite must be protected and managed appropriately according to UVA's data classification guidelines. (UDPS; http://security.virginia.edu/information-policy/security). Guidance regarding these guidelines and data types is available from UVA Information Security by emailing IT-Security@virginia.edu.
Data specifically NOT permitted to be collected or stored on the Virginia-HSD Qualtrics Research portal: export controlled data (e.g., ITAR), data covered by FISMA or DFARS 252.204-7012, credit card or other data containing financial account information (e.g., bank account). The Virginia-HSD Qualtrics Research portal is not configured to meet the controls required for these type data. You are responsible for ensuring that the Virginia-HSD Qualtrics Research portal is an appropriate environment for the data and is urged to contact Information Security at firstname.lastname@example.org for assistance in making this determination.