Effective Date: October 20, 2016
These Customer Experience Terms of Service (“Terms”) apply to your use of SurveyMonkey CX’s online and mobile survey tools related to the creation, deployment, analysis, and administration of customer experience surveys under your subscription plan (the “CX Service”).
If you purchased the CX Service under a SurveyMonkey order form or similar order document (“Order Form”), capitalized but otherwise undefined terms in these Terms have the meanings given to them in the Order Form.
1.1 Administrative Responsibilities. The CX Service is designed to provide Customer and its administrative End Users (defined below) with the ability to self-manage the CX Service and their End User accounts. Management and administration of End User accounts is the responsibility of Customer and not SurveyMonkey (including responding to requests for account creation, deletion, and reassignment, and management of opt-in and opt-out communications settings for end users). SurveyMonkey will not be responsible for any liability arising from adding, removing, or otherwise managing Customer’s End User accounts in accordance with Customer’s instructions.
1.2 End Users. Customer will ensure that Customer’s employees, agents, and authorized account holders (the “End Users) comply with the terms under which the CX Service is made available to Customer, including any applicable acceptable use policies. Customer may not provision any seats to End Users under the age of 13. If Customer’s End User breaches these Terms, or uses the CX Service in a manner that SurveyMonkey reasonably believes will cause SurveyMonkey liability or disrupt others’ use of the CX Services, then SurveyMonkey may suspend or close the applicable End User account, or request that Customer do so.
1.3 Consequences of Termination of Service. If the CX Service subscription terminates, all End User accounts (including all admin accounts) will terminate.
1.4 Definition of Response and Response Cap. A response is considered collected if a survey respondent answers one or more question(s). Imported prior responses from non-CX accounts do not count towards the Response Cap.
1.5 Invoicing and Payment Terms. Unless otherwise agreed in an Order Form, Overage fees will be invoiced in arrears to Customer on a quarterly basis. Overage fees include the fees associated with the Customer collecting a number of survey responses during a subscription term that exceeds the number of responses that Customer purchased at the start of that subscription term.
1.6 Customer Responsibilities. Customer warrants that it has obtained rights to provide Customer End User and survey respondent information (including email addresses) to SurveyMonkey, allowing SurveyMonkey to contact and send surveys to survey respondents on your behalf to comply with all applicable laws, including privacy laws. Customer warrants that it has obtained rights such that Customer’s survey respondents have consented to the sending of surveys by SurveyMonkey to them.