Last updated: April 29, 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”).

If you did not purchase the Service under such an Order Form, but access the Service through a SurveyMonkey account that is subject to the SurveyMonkey Terms of Use at https://www.surveymonkey/mp/policy/terms-of-use or an Enterprise Agreement, then the Service is also subject to the Terms of Use or Enterprise Agreement (as applicable) and the Service is one of the services provided under such terms.

In these Terms, “Order Document” refers to the Order Form, Terms of Use, or Enterprise Agreement (as applicable). Capitalized but otherwise undefined terms in these Terms have the meanings given to them in the Order Document.

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:

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.