Terms of Use

Versions:

LAST UPDATED: August 1, 2023

These Terms of Use (“TOU”) apply to your access and use of SurveyMonkey's products, services, websites, and apps that you purchase or sign up for on SurveyMonkey's websites and which are branded as “Momentive”, “SurveyMonkey”, “Wufoo” or “GetFeedback” (collectively the “Service(s)”). These TOU do not apply to Services which are available solely through our enterprise sales channel.

Additional service-specific terms apply to some Services (“Service-Specific Terms”). Certain country-specific terms may also apply to you if you are located outside the United States (“Country-Specific Terms”). We refer to the Service-Specific Terms and Country-Specific Terms collectively as “Additional Terms” and the combination of these TOU and any applicable Additional Terms collectively as these “Terms.” To the extent any conflict exists, the Additional Terms prevail over these TOU with respect to the Services for which the Additional Terms apply.

You agree to these Terms by clicking to accept these Terms, executing a document that references them, or using the Services.

Our Customers

Our paid Services are built for, and intended for purchase and use by sole practitioners, entities and organizations for business and professional purposes, and are not intended for use by consumers for personal, family, or household use (with the exception of our SurveyMonkey Basic (free) plan). When using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such cases, “you” and “your” will refer to that organization. If you are a consumer purchasing one of our paid Services primarily for non-business purposes, such as those primarily outside of a trade, business, association, craft, or profession (i.e., for personal, family, or household use), please confirm your consumer status in your account management page.

You agree to pay to SurveyMonkey any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service at the time of your purchase and such fees may be updated from time to time in accordance with Section 1.4 below. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify SurveyMonkey of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law (see Section 11 for more information).

Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. YOU MAY CANCEL AUTO-RENEWAL ON YOUR SUBSCRIPTION AT ANY TIME, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE UNTIL THE END OF THAT BILLING CYCLE BEFORE TERMINATING.

When you cancel your Subscription, you will be able to access the Service until the end of that billing cycle. Thereafter, you will no longer have access to the Service for that Subscription. Where you have no active Subscription, your account becomes a SurveyMonkey Basic (free) plan. To close your account and terminate your contract with us, please see Section 11.1 below.

Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated or required by applicable law. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.

(a) United States Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based upon the billing information we have about you and charge you that amount (which, if your billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect), unless you timely provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority.

To be timely, you must provide us with a tax exemption certificate before your initial purchase or upgrade, or, if you miss that mark, within 90 days after such purchase or upgrade, unless your billing information is in Alabama, Louisiana, Maine, Massachusetts, Pennsylvania, or South Carolina in which case within 60 days; or if in Hawaii, Mississippi, or New Mexico within 45 days.

If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such document current and accurate.

If we have collected sales tax from you and subsequently determine in our sole discretion that your tax exemption certificate is valid, we will refund the sales tax collected based on applicable state tax laws.

(b) Non-United States Sales Tax. If applicable, we will charge you VAT, GST or any other sales, consumption or use taxes that arise in connection with your purchases of SurveyMonkey Services unless you provide us with a tax identification number that entitles you to an exemption, a valid tax exemption certificate or other documentary proof issued by an appropriate taxing authority that tax should not be charged. If you are located in a jurisdiction with multiple sales, consumption or use taxes, we may charge you the highest prevailing rate if your billing information is incomplete or inaccurate.

If you are required by law to withhold any Taxes from your payments to SurveyMonkey, you must provide SurveyMonkey with an official tax receipt or other appropriate documentation to support such payments.

SurveyMonkey may change the fees charged to you for the Services at any time, provided that, for Subscriptions, the change will become effective only at the end of the then-current billing cycle of your Subscription. SurveyMonkey will provide you with advance notice to review any change in fees. If you do not agree to the change in fees, you may cancel your Subscription before the change takes effect. See Section 1.2 for cancelling your Subscription.

Each Subscription comes with a set limit of responses. If you exceed your paid Subscription response limit during a billing cycle, there is an additional charge per response (“Overage Fees”). For terms governing response limits for our Basic (Free) accounts see Section 12.4.

You agree that unused responses do not rollover. Unless otherwise stated, any Overage Fees incurred by you will be billed in arrears, charged to your payment method on file at the start of your next billing cycle. Overage Fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay Overage Fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service subject to applicable law.

We know that by giving us your Content (as defined below), you are trusting us to treat it appropriately. SurveyMonkey's Privacy Notice, together with any Service-specific privacy notices or statements (collectively, “SurveyMonkey privacy notices”), detail how we treat your Content (as defined below) that is considered Personal Data (as defined in our Data Processing Agreement) and we agree to adhere to those SurveyMonkey privacy notices. You in turn agree that SurveyMonkey may use and share your Content in accordance with the SurveyMonkey privacy notices and applicable data protection laws. You also agree that you are responsible for notifying these third parties about the SurveyMonkey privacy notices. Our Data Processing Agreement also apply to and are supplemental to these Terms. Where there is a conflict between the Data Processing Agreement and these Terms, the Data Processing Agreement will prevail except with respect to Exclusion and Limitation of Liability where these Terms will prevail.

SurveyMonkey will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the SurveyMonkey privacy notices). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by SurveyMonkey); (b) was lawfully known to SurveyMonkey before receiving it from you; (c) is received by SurveyMonkey from a third party without knowledge of breach of any obligation owed to you; (d) is shared in the context of your account being identified by you as a business owned account or migrated to an organization’s Enterprise account, if your account is registered using a work email address within that organization; or (e) was independently developed by SurveyMonkey without reference to your Content. SurveyMonkey may disclose your Content when required by law or legal process, but only after SurveyMonkey, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.

SurveyMonkey will store and process your Content in a manner consistent with industry security standards. SurveyMonkey has implemented appropriate technical, organizational, and administrative systems, policies, and procedures.

If SurveyMonkey becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, Personal Data, as that term is defined in our Data Processing Agreement, related to your account (“Security Incident”), SurveyMonkey will take reasonable steps to notify you without undue delay. Such notification shall not be interpreted or construed as an admission of fault or liability by SurveyMonkey. A Security Incident does not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, or other network attacks on firewalls or networked systems. SurveyMonkey will also reasonably cooperate with you with respect to any investigations relating to a Security Incident, any required notices, and providing information reasonably requested by you and available to us in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by SurveyMonkey.

In the course of using the Services, you may submit content to SurveyMonkey (including your Personal Data and the Personal Data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). You retain ownership of all of your intellectual property rights in your Content. SurveyMonkey does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited license described in these Terms.

You grant SurveyMonkey a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing and improving the Services and as permitted by the SurveyMonkey privacy notices. Where permitted under applicable law, this license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of SurveyMonkey's business (subject to our retention policies). This license also extends to any trusted third parties we work with to the extent necessary to provide and improve the Services.

You represent and warrant that: (a) you own or control the appropriate rights in and to your Content, including any intellectual property owned by third parties; and (b) you will not submit, upload, or otherwise make available via the Services, any Content or materials that are in breach of our Acceptable Uses Policy.

The Services may display content not owned by SurveyMonkey but by others. The entity that makes such content available is responsible for it. SurveyMonkey does not represent or warrant that it has reviewed such third party content and/or the accuracy of the information contained in such content. You are responsible for your Content, and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. SurveyMonkey is not responsible for any actions you take with respect to your Content, including sharing it publicly. Subject to applicable law, SurveyMonkey is not liable for your Content, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such Content or other third-party content or materials.

You acknowledge and agree that, to ensure compliance with legal obligations and SurveyMonkey's Acceptable Uses Policy, SurveyMonkey may review Content you submit to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also, in accordance with applicable law, modify, prevent access to, delete, or refuse to display your Content that we believe violates the law or these Terms. In the event your Content includes third-party brands, logos or other source identifiers, we may require you to submit a statement of non-affiliation before you may use such Content in connection with the Services. However, SurveyMonkey otherwise has no obligation to monitor or review any content submitted to the Services.

SurveyMonkey responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA) or equivalent applicable laws and regulations. If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify our agent for claims of copyright infringement.

If you believe a SurveyMonkey user is infringing upon your intellectual property rights, you may report it through our online form. Claims of copyright infringement should follow the process outlined in these Terms, or any equivalent process available under local law.

Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Except as permitted by our Brand and Trademark Use Policy, these Terms do not grant you any right to use SurveyMonkey's trademarks or other brand elements.

If you submit any feedback or suggestions to us regarding our Services, we may use and share them for any purpose without any compensation or obligation to you.

SurveyMonkey may publish links in its Services to internet websites maintained by third parties. SurveyMonkey does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.

If you have been issued an account by SurveyMonkey in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not SurveyMonkey, are responsible for any activity occurring in your account (other than activity that SurveyMonkey is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify SurveyMonkey immediately. Accounts may not be shared and may only be used by one individual per account.

SurveyMonkey occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. You warrant the accuracy of your account details.

You are responsible for maintaining, protecting, and making backups of your Content. To the maximum extent permitted by applicable law, SurveyMonkey will not be liable for any failure to store, or for loss or corruption of, your Content.

SurveyMonkey may close your account and delete any Content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. Where appropriate, we will attempt to warn you by email before closing your account due to inactivity to provide you with an opportunity to log in to your account so that it remains active.

If you are an individual, you may only use the Services if you have the power to form a contract with SurveyMonkey. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.

“Minors” are individuals under the age of 16 (or under a higher age as provided in certain countries and territories). None of the Services are intended for use by Minors. If you are a Minor in your place of residence, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.

You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services or you are on the U.S. Department of Commerce’s Denied Persons List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to use and/or purchase any paid Services from SurveyMonkey. You will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by the United States; and (b) you do not provide access to the Services to persons or entities on any of the above lists.

You agree to comply with the Acceptable Uses Policy.