Effective Date: May 2, 2016
The SurveyMonkey Intelligence service (“Intelligence” or the “Service”) is provided subject to these Terms of Service (“Terms”) and any SurveyMonkey order form or similar SurveyMonkey document under which you purchased the Service (“Order Form”).
1. Service Description
1.1 Description. Intelligence provides you with access to an online dashboard (“Dashboard”) containing certain reports on mobile analytics data (“Data”) derived from mobile data that SurveyMonkey has collected from a panel of mobile device users. The nature of the Data that will be made available to you will be determined by the Intelligence subscription plan to which you subscribe.
1.2 Requirements. To access the Dashboard and Data, you will be required to maintain a SurveyMonkey account on a subscription plan that supports Intelligence. You may not purchase or access the Service for the purpose of building a competitive product or service, or for any other competitive purposes.
1.3 One Individual per Account. Access credentials to end user accounts for Intelligence may not be shared between individuals, and each Intelligence end user account may only be accessed and used by the individual specifically authorized to do so.
2. Mobile Analytics Data License
2.1 License. Subject to the payment of any applicable fees for Intelligence, SurveyMonkey grants you a limited, non-exclusive, non-transferable, non-sublicensable right to use the Data for your internal business purposes only (“License”). The License also permits you to reproduce the Data for your internal backup purposes only.
2.2 License restrictions. You may not, and the License does not entitle you to:
- resell, lend, or assign the Data;
- publish, share, distribute, or otherwise disclose the Data to any third party, including to your affiliates (such as parent companies, portfolio companies, and subsidiaries, whether wholly-owned or not). If SurveyMonkey has given you written permission to disclose the Data to a third party, you are responsible for ensuring that third party’s compliance with these Terms and you will be liable for any failure of that third party to do so;
- include the Data in any document or communication intended for release outside of your organization, including as part of a press release, media conference, investor presentation, annual report, or any other official or unofficial communication;
- imply or state that SurveyMonkey endorses, sponsors, or is affiliated with the purposes for which you use the Data;
- remove or modify any notice of copyright, trademark or other proprietary right from any place where it is on or embedded in the Data; or
- use any automated system or software to extract or scrape Data from the websites or other interfaces through which SurveyMonkey makes the Service available.
3. Intellectual Property
3.1 Ownership of Data. These Terms do not grant or transfer to you any ownership rights to the Data, and ownership of all intellectual property rights subsisting in the Data are retained by SurveyMonkey or its licensors. No licenses or rights to the Data are granted to you other than as expressly provided herein.
3.2 Customer Lists. If you are a business, SurveyMonkey may identify you by your name and logo as a SurveyMonkey customer on SurveyMonkey’s website and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.
4. Term and Termination
4.1 Subscription. An Intelligence subscription is an automatically renewing subscription. The term of your Intelligence subscription is specified on the Order Document. Absent such specification, the initial term and any renewal terms will be 12 months each.
4.2 SurveyMonkey account required. While your Intelligence subscription will not terminate if you fail to maintain a SurveyMonkey account on a plan that supports Intelligence, you will not be able to access Intelligence unless you maintain such an account.
4.3 Termination of License. The License, with respect to any Data you have downloaded, will terminate upon termination of your access to Intelligence. SurveyMonkey may terminate the License upon 7 days’ written notice if you materially breach these Terms. Upon termination of the License, you will immediately cease all use of the Data and delete all copies of the Data you have in your possession, control, or custody. Upon SurveyMonkey’s request, you will certify your compliance with the foregoing obligation in writing.
5. Payment Terms
5.1 Access upon Payment. Access to the Dashboard will be granted after payment in full of any fees invoiced by SurveyMonkey for Intelligence.
5.2 Pricing Confidential. Non-public price information relating to Intelligence is SurveyMonkey’s Confidential Information.