Effective Date: July 10, 2017
Capitalized but otherwise undefined terms in these Audience Terms have the meanings given to them in the TOU.
- “Finished survey response” means where SurveyMonkey invites a Target Member (typically via email) to take your survey and the Target Member clicks the link to the survey, answers all the survey questions that he or she is required to answer and reaches the end of the survey. For the avoidance of doubt, a Finished survey response includes the situation where a Target Member has been disqualified from progressing further in a survey because of their response to a survey question which has screened them out from such progression.
- “Member” means each person in a panel of survey takers.
- “Purchase Specifications” are your Required Criteria and the number Finished survey responses you desire.
- “Required Criteria” means the characteristics selected by you from a list of characteristics provided by SurveyMonkey.
- “SurveyMonkey Audience Survey” or “survey” means a survey created by you and hosted by SurveyMonkey which you distribute in accordance with these Audience Terms.
- “Target Members” are a set of Members who possess the Required Criteria.
2. How the Service Works
2.1 Making a Purchase Request. If you wish to use SurveyMonkey’s survey tools to send a survey to Members that meet the Required Criteria, you may submit those Required Criteria to us along with your Purchase Specifications.
When you provide SurveyMonkey with your Purchase Specifications, SurveyMonkey will provide you with pricing and an estimated timeframe for the delivery of your Finished survey responses.
You may then confirm your Purchase Specifications and submit your payment details in order to make your Purchase request. Your submission of a Purchase request indicates your acceptance of these Audience Terms.
We will confirm receipt of your Purchase request by providing an invoice or other order confirmation document.
2.2 Purchase Request Approval Process.
Upon receiving your Purchase request, SurveyMonkey will evaluate it and inform you whether we can fulfill it. SurveyMonkey evaluates Purchase requests based on a variety of factors. One reason SurveyMonkey may be unable to accept your Purchase request is because we believe that we have an insufficient number of available Members meeting your Targeting Criteria to deliver the number of finished survey responses that you requested.
Acceptance of your Purchase request is not a guarantee that SurveyMonkey will be able to provide the number of Finished survey responses you desire in the timeframe specified. Any timeframes specified are estimates only. Although SurveyMonkey will only accept your Purchase request if we believe we can satisfy your Targeting Criteria, uncertainties inherent in the Member provisioning process and the variability of response rates mean that SurveyMonkey does not and cannot guarantee this. Refer to Section 5.2 if we cannot meet your Purchase Specifications.
Unless otherwise agreed, if SurveyMonkey accepts your Purchase request, you will be required to make payment before we will deploy your survey to Members. Examples: If you pay by credit card, your credit card on file will be charged at that time. If you pay by Audience Credits, they will, subject to the SurveyMonkey Audience Credits Terms and Conditions at /mp/policy/surveymonkey-audience-credits-terms-conditions/, be applied to pay the fees incurred from your Purchase.
4. Additional Requirements, Limitations, and Restrictions
4.1 SurveyMonkey Audience Survey Requirements. Your survey must meet the following criteria: (a) it must comply with the SurveyMonkey Audience Survey Content Policy located at http://audience.surveymonkey.com/legal and any other restrictions published on the SurveyMonkey Audience website; (b) it must comply with any other requirements that SurveyMonkey displays to you on the SurveyMonkey Audience website at the time you submit a request to make a Purchase; and (c) it must not violate any of the survey content restrictions set forth in the General SurveyMonkey Terms. It is your responsibility to ensure that your survey complies with the foregoing requirements before making a Purchase request. Although we may reject your Purchase request because your survey does not meet the requirements in this Section, approval of your Purchase request does not mean your survey does or will in fact meet all such requirements. Additionally, SurveyMonkey reserves the right to refuse to deploy any survey due to it containing content that it, in its sole discretion, regards as inappropriate. In such an event, if the issues with the survey are not or cannot be resolved, your Purchase may be cancelled by SurveyMonkey in accordance with Section 5.1.
4.2 Effect of Failure to Meet Survey requirements. If SurveyMonkey becomes aware that your survey does not reasonably meet the requirements set forth in Section 4.1, SurveyMonkey will inform you in writing and provide you with the opportunity to modify your survey to remedy the non-compliance. If your survey is already in progress when we reasonably determine that it does not meet the requirements set forth in Section 4.1, we will suspend the deployment of your survey to additional Target Members and provide you with one opportunity to remedy and redeploy your survey. If your survey is not or cannot be made compliant within thirty (30) days of SurveyMonkey informing you of such non-compliance, SurveyMonkey will have no further obligations to you in relation to your Purchase.
4.3 Responsibility for Survey Content. Notwithstanding any involvement by SurveyMonkey in the preparation of your survey content, you agree that you, and not SurveyMonkey, will be responsible for the final approval of all content in your SurveyMonkey Audience Surveys. SurveyMonkey will not be responsible for any errors or omissions made in your surveys.
4.4 SurveyMonkey Account Required. Because surveys are deployed using SurveyMonkey’s survey platform, you must have a subscription to, or have authorization to use, a SurveyMonkey account in order to use SurveyMonkey Audience. If you do not have access to such an account, you will need to obtain one before making a Purchase.
5. Cancellation and Refunds
5.1 Cancellation of Your Purchase. SurveyMonkey may cancel your Purchase at any time without cause, in which case you will be eligible for a refund in accordance with the SurveyMonkey Audience Refund Policy located at http://audience.surveymonkey.com/legal.
5.2 Refunds and Inability to Meet Purchase Specifications. The SurveyMonkey Audience Refund Policy located at http://audience.surveymonkey.com/legal applies to these Purchase Terms. If SurveyMonkey is unable to collect your desired number of finished survey responses (for example, because an insufficient number of Target Members finish your survey or because we do not have a sufficient number of Target Members) within a reasonable timeframe (from the date on which your Survey is deployed to Target Members), you may be eligible for a refund in accordance with such refund policy.
6.2 Differing Treatment of Surveys. Please note that your SurveyMonkey Audience Surveys are treated differently from non-SurveyMonkey Audience surveys created on SurveyMonkey. Accordingly, you agree that SurveyMonkey may use your SurveyMonkey Audience Survey responses and other survey data to provide other SurveyMonkey Audience purchasers with additional targeting criteria so they can target more specific sets of Members. However, other than this use, SurveyMonkey does not use your SurveyMonkey Audience Survey data for its own uses, nor will SurveyMonkey directly share actual survey responses with any other SurveyMonkey Audience purchaser.
7.1 Source of Target Members. Target Members may be sourced by SurveyMonkey from a variety of survey panels. Unless otherwise agreed upon by SurveyMonkey in writing, the survey panel or panels will be selected at SurveyMonkey’s discretion (“Source of Target Members”). SurveyMonkey’s selections are intended to closest meet what SurveyMonkey understands your Required Criteria to be. If SurveyMonkey sources Target Members from third party providers, SurveyMonkey will remain responsible to you for all performance required under these Audience Terms.
7.2 Delivery Disclaimer. SurveyMonkey does not represent or warrant that: (a) even if your Purchase request is accepted, that you will be able to collect your desired number of finished survey responses in any specified timeframe; and (b) Members do, in fact, possess or meet the Required Criteria which they have represented to SurveyMonkey as possessing or meeting.
7.3 DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SURVEYMONKEY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SURVEYMONKEY AUDIENCE, INCLUDING REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR QUALITY OF THE SURVEYMONKEY AUDIENCE SERVICE, OR THE ACCURACY OF SUCH SERVICE OR ANY INFORMATION DERIVED FROM THE USE OF SUCH SERVICE.
7.4 Entire Agreement. These Purchase Terms and all policies and other documents referenced in these Purchase Terms constitute the entire agreement between you and SurveyMonkey, and supersede all prior and contemporaneous communications, understandings and agreements relating to the subject matter hereof, whether oral or written. No amendment to or waiver of these Purchase Terms is valid unless it is in writing and signed by both you and SurveyMonkey.
7.5 Contracting Entity. If you are resident or have your principal place of business in the United States, the SurveyMonkey Audience Service is provided to you by SurveyMonkey Inc. Otherwise, the SurveyMonkey Audience Service is provided to you by SurveyMonkey Europe UC.