Last updated: October 19, 2015
IMPORTANT NOTICE: THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND INCLUDE A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS 11.5 AND 11.6.
These App Terms of Service (“Terms“) contain the terms under which SurveyMonkey and its affiliates provide the following apps:
- Contribute Plug-in
We refer to those products, services and websites collectively as the “Apps” in these Terms. Additional terms for specific apps may be specified in these Terms or presented to you when you first use an app. These Terms only apply to the Apps.
You agree that by downloading, accessing, or using the Apps, you are indicating that you have read, understand and agree to be bound by these Terms. If you do not agree to these Terms, then you have no right to download, access, or use the Apps. References to “you” include your heirs and permitted assigns. If you will be using the Apps 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 case, “you” and “your” will refer to that organization.
1.2. Confidentiality. SurveyMonkey will treat your Data as confidential information and only use and disclose it in accordance with these Terms (including our applicable privacy policies). However, your Data is not regarded as confidential information if that Data: (a) is or becomes public, other than through a 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) was independently developed by SurveyMonkey without reference to your Data; or (e) constitutes de-identified or aggregated information that cannot reasonably be linked to you or another individual.
2. Your Data
2.1. You Retain Ownership of Your Data. You retain ownership of all of your intellectual property rights in your Data. SurveyMonkey does not claim ownership over any of your Data. These Terms do not grant us any rights to your Data except for the limited rights needed for us to provide the Apps, and as otherwise described in these Terms (including applicable privacy policies).
2.2. Limited License to Your Data. You grant SurveyMonkey a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Data, but only for the limited purposes of providing the Apps to you and for the purposes described in the privacy policies. This license for such limited purposes continues even after you stop using the Apps, though you may have the ability to delete certain Data in relation to certain services such that SurveyMonkey no longer has access to it. This license also extends to any trusted third parties we work with to the extent necessary to provide the Apps to you. If you provide SurveyMonkey with feedback about the Apps, we may use your feedback without any obligation to you.
2.3. Copyright Claims (DMCA Notices). SurveyMonkey Inc. responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA) and other applicable law. If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify SurveyMonkey’s agent for claims of copyright infringement.
2.4. Other IP Claims. SurveyMonkey respects the intellectual property rights of others, and we expect our users to do the same. If you believe an Apps user is infringing upon your intellectual property rights, you may report it report it through our online form. Claims of copyright infringement should follow the DMCA process outlined in these Terms, or any equivalent process available under local law.
3. SurveyMonkey IP
3.1. SurveyMonkey IP. Neither these Terms nor your use of the Apps grants you ownership in the Apps or the content you access through the Apps (other than your Data). Except as permitted by SurveyMonkey’s Brand and Trademark Use Policy, these Terms do not grant you any right to use SurveyMonkey’s trademarks or other brand elements. Though you retain ownership of your Data, SurveyMonkey has exclusive rights to the results of any analysis we conduct on your Data.
4. User Data
4.1. Your Data. You are responsible for your own Data and you must ensure that you have all the rights and permissions needed to use that Data in connection with the Apps. SurveyMonkey is not responsible for any actions you take with respect to your Data, including sharing it publicly.
4.2. Data Review. You acknowledge that, in order to ensure compliance with legal obligations, SurveyMonkey may be required to review certain data submitted through the Apps to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, SurveyMonkey otherwise has no obligation to monitor or review any content submitted to the Apps.
4.3. Third Party Resources. SurveyMonkey may publish links in its Apps 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 Apps are the property of their respective owners.
5. Account Management
5.1. Keep Your Details Accurate. If you provided us with an email address, SurveyMonkey may send notices in connection with the Apps to that email address. You must keep your email address and, where applicable, your other contact details associated with your account current and accurate.
5.2. Account Inactivity. SurveyMonkey may terminate your account and delete any Data contained in it if there is no account activity (such as a log in event) for over 12 consecutive months. However, if we have an email address associated with your account, we will attempt to warn you by email before terminating your account to provide you with an opportunity to take an appropriate action to avoid account termination.
6. Legal Status
6.1. Legal Status. If you are an individual, you may only use the Apps if you have the power to form a contract with SurveyMonkey. None of the Apps are intended for use by individuals less than 13 years old. If you are under 13 years old or do not have the power to form a contract with SurveyMonkey, you may not use the Apps. We recommend that parents and guardians directly supervise any use of the Apps by minors. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.
6.2. Embargoes. You may only use the Apps 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 using or receiving the Apps, or 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 purchase any paid services from SurveyMonkey.
7. Acceptable Uses
7.1. Legal Compliance. You must use the Apps in compliance with, and only as permitted by, applicable law.
7.2. Your Responsibilities. You are responsible for your conduct, Data, and communications with others while using the Apps. You must comply with the following requirements when using the Apps:
(a) You may not misuse the Apps by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
(b) You may not circumvent or attempt to circumvent any limitations that SurveyMonkey imposes on your account (such as by creating a new email address for an account we have closed for a violation of these Terms).
(c) Unless authorized by SurveyMonkey in writing, you may not probe, scan, or test the vulnerability of any SurveyMonkey system or network.
(d) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Apps, or attempt to do so.
(e) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Apps.
(f) You may not send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letter, or other form of solicitation through the Apps.
(g) You may not transmit any Data (including any links thereto) through the Apps that (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or other actions that are threatening to any other person; or (vii) is illegal or promotes illegal or harmful activities or substances.
(h) You may not engage in abusive or excessive usage of the Apps, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Apps for other users. SurveyMonkey will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to SurveyMonkey.
(i) Unless authorized by SurveyMonkey in writing, you may not resell or lease the Apps.
(j) You may not use the Apps to violate any applicable law or regulation, or encourage or enable any other individual to do any of the foregoing.
8. Termination of Services
8.1. Termination by SurveyMonkey. SurveyMonkey may limit, suspend, or stop providing the Apps at any time. If we suspend or terminate the Apps, we will endeavor to give you advance notice. However, there may be time sensitive situations where SurveyMonkey may decide that we need to take immediate action without notice. SurveyMonkey has no obligation to retain your Data upon termination of the applicable App Service.
8.2. Further Measures. If SurveyMonkey stops providing the Apps to you because you repeatedly or egregiously breach these Terms, SurveyMonkey may take measures to prevent the further use of the Apps by you, including blocking your IP address.
9. Changes and Updates
9.1. Changes to these Terms. SurveyMonkey may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Apps, and to account for new Apps or functionality. Any changes will be posted to the location at which those terms appear. SurveyMonkey may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require SurveyMonkey to obtain your consent to such changes, or to provide you with advance notice of them. If you do not want to agree to any changes made to the Terms, you should stop using the Apps, because by continuing to use the Apps you indicate your agreement to be bound by the updated terms.
9.2. Changes to the Apps. SurveyMonkey constantly changes and improves the Apps. SurveyMonkey may add, alter, or remove functionality from the Apps at any time without prior notice. SurveyMonkey may also limit, suspend, or discontinue the Apps at its discretion.
10. Disclaimers and Limitations of Liability
10.1. Disclaimers. While it is in SurveyMonkey’s interest to provide you with a great experience when using the Apps (and we love to please our customers), there are certain things we do not promise about them. We try to keep our Apps up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APPS ARE PROVIDED “AS IS” AND SURVEYMONKEY DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE APPS.
10.2. Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SURVEYMONKEY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE APPS AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF SURVEYMONKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10.3. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF SURVEYMONKEY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE APPS AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO SURVEYMONKEY FOR USE OF THE APPS AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$25.00.
10.4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
10.5. Indemnity. You will defend (if SurveyMonkey so chooses), indemnify and hold harmless SurveyMonkey and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of the Apps or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.
11. Contracting Entity
11.1. Contracting Entity Table. In the table below, “User Location” refers to where you are located and determines which table row applies to you:
Contracting Entity Table
SurveyMonkey Inc., a Delaware corporation with Tax ID 37-1581003 located at 101 Lytton Avenue, Palo Alto, CA 94301, United States of America
State courts in Santa Clara County, California; Federal courts in the Northern District of California
SurveyMonkey Brasil Internet Ltda., a Brazilian company located at Rua Joaquim Floriano, No. 243, Suite 113, Itaim Bibi, 04543-010 São Paulo-SP, Brazil
City of São Paulo, Brazil
Anywhere other than the United States or Brazil
SurveyMonkey Europe, an Irish company located at 2 Shelbourne Buildings, Second Floor, Shelbourne Rd, Dublin 4, Ireland
11.2. Contracting Entity. References to “SurveyMonkey”, “we”, “us”, and “our” are references to the applicable Contracting Entity specified in Contracting Entity Table. The Services are provided by that contracting entity.
11.3. Governing Law. These Terms are governed by the laws of the applicable jurisdiction specified in the Contracting Entity Table, without giving effect to any of its conflicts of laws principles.
11.4. Jurisdiction. Except if prohibited by applicable law, SurveyMonkey and you agree to submit to the exclusive venue and jurisdiction of the courts located in the applicable jurisdiction specified in the Contracting Entity Table, but only for any action for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. In relation to any other legal action or proceedings to enforce these Terms, or arising out of or in connection with these Terms, for which the application of Section 11.5 is prohibited by applicable law, each party, except if prohibited by applicable law, irrevocably submits to the exclusive venue and jurisdiction of the courts located in the applicable jurisdiction specified in the Contract Entity Table with respect to such action or proceeding.
11.5. Disputes/Arbitration. Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court. SurveyMonkey and you agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. In the event of any dispute, claim, or controversy arising out of or in connection with your downloading of, access to, and/or use of the Apps, SurveyMonkey or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to SurveyMonkey by e-mail to firstname.lastname@example.org AND by U.S. Mail to Attn: Legal Department, 101 Lytton Avenue, Palo Alto, CA 94301, USA. To the extent SurveyMonkey has your contact information, it will send any such notice to you by U.S. Mail, or otherwise to your email address. SurveyMonkey and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within 30 days from the date that any notice of dispute, claim, or controversy is sent. SurveyMonkey and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, SurveyMonkey or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Apps.
Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between SurveyMonkey and you arising under these Terms or in connection with your download of, access to, and/or use of the Apps, if unresolved through informal discussions within 30 days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Apps shall not be subject to arbitration.
For residents outside the United States, arbitration shall be initiated in Santa Clara County, California, and SurveyMonkey and you agree to submit to the personal jurisdiction of the state courts located in Santa Clara County, California, or the federal courts located in the Northern District of California, to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and administered by the AAA. The AAA Rules and fee information are available at http://www.adr.org or by calling the AAA at 1-800-778-7879. SurveyMonkey shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorneys’ fees and expert witness costs unless SurveyMonkey is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on SurveyMonkey and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. SurveyMonkey and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, SurveyMonkey and you agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. SurveyMonkey and you understand that, absent this mandatory arbitration provision, SurveyMonkey and you would have the right to sue in court and have a jury trial. SurveyMonkey and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. You may choose to pursue your claim in small claims court where jurisdiction and venue over SurveyMonkey and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following e-mail address email@example.com AND by U.S. Mail to Attn: Legal Department, 101 Lytton Avenue, Palo Alto, CA 94301, USA. The notice must be sent within the later of 30 days of your first use of the Apps or within 30 days of changes to this section being announced on the Apps, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, SurveyMonkey also will not be bound by them. If you do not affirmatively elect to opt-out as described above, your use of the Apps will be deemed to be your irrevocable acceptance of these Terms and any changes/updates to this section or otherwise.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, SurveyMonkey and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of SurveyMonkey to the extent that any such claims arise out of your download of, access to, and/or use of the Apps.
11.6. Class Action Waiver. Please read this section carefully – it may significantly affect your legal rights. SurveyMonkey and you agree that SurveyMonkey and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms in connection with the Apps will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. SurveyMonkey and you further agree that SurveyMonkey and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms or in connection with the Apps. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in the Northern District of California.
The terms of this Section 11.6 will also apply to any claims asserted by you against any parent or affiliated company of SurveyMonkey to the extent that any such claims arise out of your download of, access to, and/or use of the Apps.
12. Other Terms
12.1 Assignment. You may not assign these Terms without SurveyMonkey’s prior written consent, which may be withheld in SurveyMonkey’s sole discretion. SurveyMonkey may assign these Terms at any time without notice to you.
12.2. Entire Agreement. These Terms (including any applicable privacy policies) constitute the entire agreement between you and SurveyMonkey, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.
12.3. Independent Contractors. The relationship between you and SurveyMonkey is that of independent contractors, and not legal partners, employees, or agents of each other.
12.4. Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
12.5. Language. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
12.6. No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
12.7. Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
12.8. Third Party Beneficiaries. There are no third party beneficiaries to these Terms.
CP1. Promotions. SurveyMonkey may operate promotions through the Contribute Plug-in app that offer rewards such as gift cards. To be eligible for such rewards, you must have the Contribute Plug-in app installed at the time you satisfy all the other requirements of such a promotion. If you are using the Contribute Plug-in app for iOS, you must also install and maintain continuous connectivity between your mobile device and SurveyMonkey’s App virtual private network (“VPN”) to be eligible for such rewards (meaning the VPN must have been used in the prior 24 hours). Rewards are only delivered electronically. Therefore, to be eligible, you must also provide us with a valid email address and keep that email address current. SurveyMonkey is not responsible for maintenance of any gift cards issued as rewards, nor for any gift cards that have been redeemed by persons unauthorized by you. You understand that issued gift cards may be subject to terms and conditions by third parties (such as the organization that originally issued the gift card), and you agree to be bound by those terms and conditions.
CP2. Terms for 2X Donation Offer. SurveyMonkey will double the donation it makes under the terms of the SurveyMonkey Contribute program to your participating charity of choice from $0.50 to $1.00 for completing a Contribute survey if you meet all of the following criteria: (a) You must install the Contribute Plug-in on a supported mobile device via the SurveyMonkey Contribute website while logged into your SurveyMonkey Contribute account. (b) You must be resident in the United States. (c) Your Contribute Plug-in must remain installed and have been active within the 24 hour period before completing the Contribute survey. Do not install the Contribute Plug-in on a device without the permission of the device owner. SurveyMonkey may modify or end this 2X Donation Offer at any time, but we’ll let you know if we do so.