www.surveymonkey.com Open in urlscan Pro
18.66.112.30  Public Scan

Form analysis
0 forms found in the DOM

Text Content

Products

Templates

Pricing

Enterprise

Resources

Contact SalesLog in
Sign up free

 * Overview

 * Terms of Use
   
   1. Fees and Payments
   
   2. Privacy
   
   3. Your Content
   
   4. IP Claims
   
   5. Momentive IP
   
   6. Third Party Resources
   
   7. Account Management
   
   8. User Requirements
   
   9. Acceptable Uses Policy
   
   10. PCI Compliance
   
   11. Suspension and Termination of Services
   
   12. Changes and Updates
   
   13. Disclaimers, Limitations of Liability and Indemnification
   
   14. Contracting Entity
   
   15. Other Terms
   
   16. Terms for Certain Customers
   
   17. Terms for Momentive's API
   
   18. Terms for SurveyMonkey Contribute

 * Governing Services Agreement

 * Service-Specific Terms

 * Privacy Basics

 * Privacy Notice

 * Cookies

 * Cookies Used on Survey Pages

 * Acceptable Uses Policy

 * Security

 * General

DID YOU KNOW?

63% of people consider a company's privacy and security history before using
their products or services.

Print this Page


TERMS OF USE

Download a copy of the SurveyMonkey TOU here.

These terms apply to services purchased or signed-up for on SurveyMonkey's
websites. For terms applicable to services offered through our enterprise sales
team, please see our Governing Services Agreement.

Versions:

November 1, 2023 (current)August 1, 2023June 15, 2023October 10, 2022July 1,
2021March 30, 2021November 2, 2020November 20, 2019September 26, 2019February
27, 2019January 2, 2019April 11, 2018

LAST UPDATED: November 1, 2023


INTRODUCTION

These are terms that will apply to your use of our Services.  You should read
these terms thoroughly, but for your convenience, we provide annotations in
boxes like this one throughout.  Please note that these annotations have no
legal effect and are not part of our official terms.

Effective as of August 1, 2023, Momentive Inc. became SurveyMonkey Inc. and
Momentive Europe UC became SurveyMonkey Europe UC. Effective as of July 10,
2023, Momentive Brasil Internet Eireli became SurveyMonkey Brasil Internet Ltda.

These Terms of Use (“TOU”) apply to your access and use of SurveyMonkey's
products, services, websites, and apps that you purchase or sign up for on
SurveyMonkey's websites and which are branded as “Momentive”, “SurveyMonkey”,
“Wufoo” or “GetFeedback” (collectively the “Service(s)”). These TOU do not apply
to Services which are available solely through our enterprise sales channel.

Additional service-specific terms apply to some Services (“Service-Specific
Terms”). Certain country-specific terms may also apply to you if you are located
outside the United States (“Country-Specific Terms”). We refer to the
Service-Specific Terms and Country-Specific Terms collectively as “Additional
Terms” and the combination of these TOU and any applicable Additional Terms
collectively as these “Terms.” To the extent any conflict exists, the Additional
Terms prevail over these TOU with respect to the Services for which the
Additional Terms apply.

You agree to these Terms by clicking to accept these Terms, executing a document
that references them, or using the Services.

Our Customers

Our paid Services are built for, and intended for purchase and use by sole
practitioners, entities and organizations for business and professional
purposes, and are not intended for use by consumers for personal, family, or
household use (with the exception of our SurveyMonkey Basic (free) plan). When
using the Services 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 cases, “you” and “your” will refer to that organization. If you are
a consumer purchasing one of our paid Services primarily for non-business
purposes, such as those primarily outside of a trade, business, association,
craft, or profession (i.e., for personal, family, or household use), please
confirm your consumer status in your account management page.


1. FEES AND PAYMENTS


1.1 FEES FOR SERVICES.

You agree to pay us for our Services and these payments are non-refundable.

You agree to pay to SurveyMonkey any fees for each Service you purchase or use
(including any overage fees), in accordance with the pricing and payment terms
presented to you for that Service at the time of your purchase and such fees may
be updated from time to time in accordance with Section 1.4 below. Where
applicable, you will be billed using the billing method you select through your
account management page. If you have elected to pay the fees by credit card, you
represent and warrant that the credit card information you provide is correct
and you will promptly notify SurveyMonkey of any changes to such information.
Fees paid by you are non-refundable, except as provided in these Terms or when
required by law (see Section 11 for more information).


1.2 SUBSCRIPTIONS.

For some of our paid Services, we bill automatically on a regular cadence such
as monthly or annually. You may disable auto-renewal on your account or cancel
your subscription at any time.

Some of our Services are billed on a subscription basis (we call these
“Subscriptions”). This means that you will be billed in advance on a recurring,
periodic basis (each period is called a “billing cycle”). Billing cycles are
typically monthly or annual, depending on what subscription plan you select when
purchasing a Subscription. Your Subscription will automatically renew at the end
of each billing cycle unless you cancel auto-renewal through your online account
management page, or by contacting our customer support team. YOU MAY CANCEL
AUTO-RENEWAL ON YOUR SUBSCRIPTION AT ANY TIME, IN WHICH CASE YOUR SUBSCRIPTION
WILL CONTINUE UNTIL THE END OF THAT BILLING CYCLE BEFORE TERMINATING.

When you cancel your Subscription, you will be able to access the Service until
the end of that billing cycle. Thereafter, you will no longer have access to the
Service for that Subscription. Where you no longer have an active Subscription,
your account becomes a SurveyMonkey Basic (free) plan. To close your account and
terminate your contract with us, please see Section 11.1 below.


1.3 TAXES.

Taxes are your responsibility. If you are exempt from paying taxes, please send
us proof and we will adjust your account accordingly.

Our prices listed do not include any taxes, levies, duties or similar
governmental assessments of any nature such as value-added, sales, use or
withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless
otherwise indicated or required by applicable law. You are responsible for
paying Taxes associated with your purchase and keeping your billing information
up to date.

(a) United States Sales Tax. If we have a legal obligation to pay or collect
sales tax for which you are responsible, we will calculate the sales tax based
upon the billing information we have about you and charge you that amount
(which, if your billing information is incomplete or inaccurate, may be the
highest prevailing rate then in effect), unless you timely provide us with a
valid tax exemption certificate acceptable to the appropriate taxing authority.

To be timely, you must provide us with a tax exemption certificate before your
initial purchase or upgrade, or, if you miss that mark, within 90 days after
such purchase or upgrade, unless your billing information is in Alabama,
Louisiana, Maine, Massachusetts, Pennsylvania, or South Carolina in which case
within 60 days; or if in Hawaii, Mississippi, or New Mexico within 45 days.

If you provide us with a tax exemption certificate, you represent and warrant
that it accurately reflects your tax status and that you will keep such document
current and accurate.

If we have collected sales tax from you and subsequently determine in our sole
discretion that your tax exemption certificate is valid, we will refund the
sales tax collected based on applicable state tax laws.

(b) Non-United States Sales Tax. If applicable, we will charge you VAT, GST or
any other sales, consumption or use taxes that arise in connection with your
purchases of SurveyMonkey Services unless you provide us with a tax
identification number that entitles you to an exemption, a valid tax exemption
certificate or other documentary proof issued by an appropriate taxing authority
that tax should not be charged. If you are located in a jurisdiction with
multiple sales, consumption or use taxes, we may charge you the highest
prevailing rate if your billing information is incomplete or inaccurate.

If you are required by law to withhold any Taxes from your payments to
SurveyMonkey, you must provide SurveyMonkey with an official tax receipt or
other appropriate documentation to support such payments.


1.4 PRICE CHANGES.

Changes in fees will only be effective at the end of a current billing cycle of
your Subscription and we will provide you with notice. If you don’t agree to the
fee change, you may cancel your Subscription before the change takes effect.

SurveyMonkey may change the fees charged to you for the Services at any time,
provided that, for Subscriptions, the change will become effective only at the
end of the then-current billing cycle of your Subscription. SurveyMonkey will
provide you with advance notice to review any change in fees. If you do not
agree to the change in fees, you may cancel your Subscription before the change
takes effect. See Section 1.2 for cancelling your Subscription.


1.5 RESPONSE OVERAGE FEES.

Each Subscription comes with a set limit of responses. If you exceed your paid
Subscription response limit during a billing cycle, there is an additional
charge per response (“Overage Fees”). For terms governing response limits for
our Basic (Free) accounts see Section 12.4.

You agree that unused responses do not rollover. Unless otherwise stated, any
Overage Fees incurred by you will be billed in arrears, charged to your payment
method on file at the start of your next billing cycle. Overage Fees which
remain unpaid for 30 days after being billed are considered overdue. Failure to
pay Overage Fees when due may result in the applicable Service being limited,
suspended, or terminated (subject to applicable legal requirements), which may
result in a loss of your data associated with that Service subject to applicable
law.


2. PRIVACY

You can trust us with your Content, which includes your personal data. Check out
our Privacy Notice and Data Processing Agreement to learn more about how we
treat and protect your data.


2.1 PRIVACY.

We know that by giving us your Content (as defined below), you are trusting us
to treat it appropriately. SurveyMonkey's Privacy Notice, together with any
Service-specific privacy notices or statements (collectively, “SurveyMonkey
privacy notices”), detail how we treat your Content (as defined below) that is
considered Personal Data (as defined in our Data Processing Agreement) and we
agree to adhere to those SurveyMonkey privacy notices. You in turn agree that
SurveyMonkey may use and share your Content in accordance with the SurveyMonkey
privacy notices and applicable Data Protection Legislation. You also agree that
you are responsible for notifying your respondents, end users, and guests about
the SurveyMonkey privacy notices. Our Data Processing Agreement also apply to
and are supplemental to these Terms. Where there is a conflict between the Data
Processing Agreement and these Terms, the Data Processing Agreement will prevail
except with respect to Exclusion and Limitation of Liability where these Terms
will prevail.


2.2 CONFIDENTIALITY.

We keep your content confidential except in limited circumstances.

SurveyMonkey will treat your Content as confidential information and only use
and disclose it in accordance with these Terms (including the SurveyMonkey
privacy notices). However, your Content is not regarded as confidential
information if such Content: (a) is or becomes public (other than through 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) is shared in the
context of your account being identified by you as a business owned account or
migrated to an organization’s Enterprise account, if your account is registered
using a work email address within that organization; or (e) was independently
developed by SurveyMonkey without reference to your Content. SurveyMonkey may
disclose your Content when required by law or legal process, but only after
SurveyMonkey, if permitted by law, uses commercially reasonable efforts to
notify you to give you the opportunity to challenge the requirement to disclose.


2.3 SECURITY.

The security of the data processed by SurveyMonkey is a top priority. We follow
industry security standards, and we will notify you if a Security Incident
impacts your account.

SurveyMonkey will store and process your Content in a manner consistent with
industry security standards. SurveyMonkey has implemented appropriate technical,
organizational, and administrative systems, policies, and procedures.

If SurveyMonkey becomes aware of any unauthorized or unlawful access to, or
acquisition, alteration, use, disclosure, or destruction of, Personal Data, as
that term is defined in our Data Processing Agreement, related to your account
(“Security Incident”), SurveyMonkey will take reasonable steps to notify you
without undue delay. Such notification shall not be interpreted or construed as
an admission of fault or liability by SurveyMonkey. A Security Incident does not
include unsuccessful attempts or activities that do not compromise the security
of Personal Data, including unsuccessful log-in attempts, pings, port scans,
denial of service attacks, or other network attacks on firewalls or networked
systems. SurveyMonkey will also reasonably cooperate with you with respect to
any investigations relating to a Security Incident, any required notices, and
providing information reasonably requested by you and available to us in
relation to any Security Incident, where such information is not already
available to you in your account or online through updates provided by
SurveyMonkey.


3. YOUR CONTENT

When you use our Services, you keep what is yours and allow us to use it only as
necessary to continue providing and improving our Services as stated in our
privacy notices.


3.1 YOU RETAIN OWNERSHIP OF YOUR CONTENT.

In the course of using the Services, you may submit content to SurveyMonkey
(including your Personal Data and the Personal Data of others) or third parties
may submit content to you through the Services (all of the above will be
referred to as your “Content”). You retain ownership of all of your intellectual
property rights in your Content. SurveyMonkey does not claim ownership over any
of your Content. These Terms do not grant us any licenses or rights to your
Content except for the limited license described in these Terms.


3.2 LIMITED LICENSE TO YOUR CONTENT.

You grant SurveyMonkey a worldwide, royalty free license to use, reproduce,
distribute, modify, adapt, create derivative works, make publicly available, and
otherwise exploit your Content, but only for the limited purposes of providing
and improving the Services and as permitted by the SurveyMonkey privacy notices.
Where permitted under applicable law, this license for such limited purposes
continues even after you stop using our Services, with respect to aggregate and
de-identified data derived from your Content and any residual backup copies of
your Content made in the ordinary course of SurveyMonkey's business (subject to
our retention policies). This license also extends to any trusted third parties
we work with to the extent necessary to provide and improve the Services.


3.3 REPRESENTATIONS AND WARRANTIES.

You represent and warrant that: (a) you own or control the appropriate rights in
and to your Content, including any intellectual property owned by third parties;
and (b) you will not submit, upload, or otherwise make available via the
Services, any Content or materials that are in breach of our Acceptable Uses
Policy.


3.4 RESPONSIBILITY FOR YOUR CONTENT.

You are responsible for your Content. We are not responsible for what you do
with your Content and may refuse to display your Content if we think it is
illegal or violates our Terms.

The Services may display content not owned by SurveyMonkey but by others. The
entity that makes such content available is responsible for it. SurveyMonkey
does not represent or warrant that it has reviewed such third party content
and/or the accuracy of the information contained in such content. You are
responsible for your Content, and you must ensure that you have all the rights
and permissions needed to use that Content in connection with the Services.
SurveyMonkey is not responsible for any actions you take with respect to your
Content, including sharing it publicly. Subject to applicable law, SurveyMonkey
is not liable for your Content, any other third-party content or materials, or
any loss or damage resulting from your use of, or reliance on, such Content or
other third-party content or materials.

You acknowledge and agree that, to ensure compliance with legal obligations and
SurveyMonkey's Acceptable Uses Policy, SurveyMonkey may review Content you
submit to the Services to determine whether it is illegal or whether it violates
these Terms (such as when unlawful content is reported to us). We may also, in
accordance with applicable law, modify, prevent access to, delete, or refuse to
display your Content that we believe violates the law or these Terms. In the
event your Content includes third-party brands, logos or other source
identifiers, we may require you to submit a statement of non-affiliation before
you may use such Content in connection with the Services. However, SurveyMonkey
otherwise has no obligation to monitor or review any content submitted to the
Services.


4. IP CLAIMS


4.1 DMCA NOTICES OR EQUIVALENTS.

SurveyMonkey responds to notices of alleged copyright infringement in accordance
with the U.S. Digital Millennium Copyright Act (DMCA) or equivalent applicable
laws and regulations. If you believe that your work has been exploited in a way
that constitutes copyright infringement, you may notify our agent for claims of
copyright infringement.


4.2 OTHER IP CLAIMS.

If you believe a SurveyMonkey user is infringing upon your intellectual property
rights, you may report it through our online form. Claims of copyright
infringement should follow the process outlined in these Terms, or any
equivalent process available under local law.


5. SURVEYMONKEY IP

What’s ours is ours, including any feedback you may submit to us.

Neither these Terms nor your use of the Services grants you ownership in the
Services or the content you access through the Services (other than your
Content). Except as permitted by our Brand and Trademark Use Policy, these Terms
do not grant you any right to use SurveyMonkey's trademarks or other brand
elements.

If you submit any feedback or suggestions to us regarding our Services, we may
use and share them for any purpose without any compensation or obligation to
you.


6. THIRD PARTY RESOURCES AND SERVICES

SurveyMonkey may publish links in its Services 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 Services are the property of
their respective owners.

SurveyMonkey may provide you with access to, or enable third party software,
applications, products, services or website links (collectively, “Third Party
Services”) for your consideration or use, including via the Service and
SurveyMonkey’s website. Your purchase, access or use of any such Third Party
Services is solely between you and the applicable Third Party Services provider
(“Third Party Provider”). In addition to these TOU, you agree to be bound by any
additional terms and conditions applicable to services you purchase from, or
that are provided by, Third Party Providers. If you install or enable a Third
Party Service for use with the Service, you grant us permission to allow the
applicable Third Party Provider to access your Content and to take actions as
required for the interoperation of the Third Party Service with the Service, and
any exchange of your Content or other interaction between you and the Third
Party Provider is solely between you and such Third Party Provider. We do not
provide any warranties or make representations to you with respect to Third
Party Services. Any use by you of Third Party Services offered through the
Service or SurveyMonkey’s website is entirely at your own risk and discretion,
and the security of your Content is your responsibility. You are responsible for
reading the terms and conditions and/or privacy policies applicable to such
Third Party Services before using them and ensuring such Third Party Services
meet your requirements or any legal or other requirements you may be subject to.
You acknowledge that SurveyMonkey has no control over Third Party Services and
will not be responsible or liable to you or anyone else for such Third Party
Services, or for any transaction you may enter into with Third Party, or for
what the Third Party Services do. SurveyMonkey does not guarantee the
availability of Third Party Services and you acknowledge that SurveyMonkey may
disable access to any Third Party Services at any time, in its sole discretion
and without notice to you. SurveyMonkey is not responsible or liable for the
discontinuation or suspension of access to, or disablement of, any Third Party
Service. 

The Service includes features that can interoperate with Third Party Services,
such as features that may enable you to collect payments from your end users. 
We are not a party to, nor are we liable, for such activities. You are solely
responsible and liable for such activities and complying with any laws or
regulations related to it, including but not limited to, posting any legally
required notices, terms, or policies. 


7. ACCOUNT MANAGEMENT

We work hard to keep your account secure. You need to create a customer account
with a secure password to use our Services. Don’t share passwords.


7.1 KEEP YOUR PASSWORD SECURE.

If you have been issued an account by SurveyMonkey in connection with your use
of the Services, you are responsible for safeguarding your password and any
other credentials used to access that account. You, and not SurveyMonkey, are
responsible for any activity occurring in your account (other than activity that
SurveyMonkey is directly responsible for which is not performed in accordance
with your instructions), whether or not you authorized that activity. If you
become aware of any unauthorized access to your account, you should notify
SurveyMonkey immediately. Accounts may not be shared and may only be used by one
individual per account.


7.2 KEEP YOUR EMAIL AND ACCOUNT DETAILS ACCURATE.

SurveyMonkey occasionally sends notices to the email address registered with
your account. You must keep your email address and, where applicable, your
contact details and payment details associated with your account current and
accurate. You warrant the accuracy of your account details.


7.3 REMEMBER TO BACKUP.

You are responsible for maintaining, protecting, and making backups of your
Content. To the maximum extent permitted by applicable law, SurveyMonkey will
not be liable for any failure to store, or for loss or corruption of, your
Content.


7.4 ACCOUNT INACTIVITY.

SurveyMonkey may close your account and delete any Content contained in it if
there is no account activity (such as a log in event or payment) for over 12
months. Where appropriate, we will attempt to warn you by email before closing
your account due to inactivity to provide you with an opportunity to log in to
your account so that it remains active.


8. USER REQUIREMENTS

You can use our Services as long as you meet certain requirements. For example,
you cannot use our Services if you are considered a minor in your home country.


8.1 LEGAL STATUS.

If you are an individual, you may only use the Services if you have the power to
form a contract with SurveyMonkey. If you do not have the power to form a
contract, you may not use the Services. If you are not an individual, you
warrant that you are validly formed and existing under the laws of your
jurisdiction of formation, that you have full power and authority to enter into
these Terms, and that you have duly authorized your agent to bind you to these
Terms.


8.2 MINORS.

“Minors” are individuals under the age of 16 (or under a higher age as provided
in certain countries and territories). None of the Services are intended for use
by Minors. If you are a Minor in your place of residence, you may not use the
Services. By using the Services, you represent and warrant that you are not a
Minor.


8.3 EXPORT CONTROL.

You may only use the Services if you are not prohibited under any applicable
laws from doing so. If you are located in a country prohibited by U.S. trade
controls or trade controls of another applicable jurisdiction from receiving the
Services, or you are on a list of prohibited or restricted parties, including as
examples, the U.S. Department of Commerce’s Denied Persons List, Entity List, or
Unverified List, or the U.S. Treasury Department’s list of Specially Designated
Nationals or similar lists in other applicable jurisdictions, you are not
permitted to use and/or purchase any Services from SurveyMonkey. You will ensure
that: (a) your end users do not use the Services in violation of any U.S. export
restriction or trade or economic sanction or similar laws of other applicable
jurisdictions; and (b) you do not provide access to the Services (including as
respondents) to persons or entities on any of the above lists. You may not use
the Services in Cuba, North Korea, Iran, Sudan, Syria, Russia, Belarus, and
prohibited regions of Ukraine (currently including Crimea, Donetsk, Luhansk,
Kherson, and Zaporizhzhya).


8.4 COMPLIANCE WITH LAWS.

You warrant and undertake that you will at no time use or avail (or permit the
use) of SurveyMonkey's services, solutions, facilities, tools, software, or
assistance under this Agreement in a manner: (i) which is a breach of laws or
regulations applicable to you or SurveyMonkey, or (ii) which would require
SurveyMonkey to comply with any laws and/or regulations other than those listed
in the definition of Data Protection Legislation in the Data Processing
Agreement or otherwise specified in these terms or, which may become applicable
to SurveyMonkey by reason of providing services, solutions, facilities, tools,
software or assistance to you. 


9. ACCEPTABLE USES POLICY

You agree to comply with the Acceptable Uses Policy.


10. PCI COMPLIANCE

We are responsible for keeping your Cardholder Data secure.  If you use our
Services to accept credit card payments, then you must comply with the Payment
Card Industry Data Security Standards.


10.1 PCI STANDARDS.

If you use the Services to accept payment card transactions, you must comply
with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent
they are applicable to your business (the “PCI Standards”). SurveyMonkey
provides tools to simplify your compliance with the PCI Standards, but you must
ensure that your business is compliant and the specific steps you will need to
take to comply with the PCI Standards will depend on your implementation of the
Services.


10.2 CARDHOLDER DATA.

SurveyMonkey is responsible for the security of Cardholder Data that is
collected, transmitted, stored, or processed by us on your behalf. “Cardholder
Data” is defined as a cardholder’s primary account number, and where a full
unmasked card number is present, any of the cardholder name, expiration date,
and/or service code. SurveyMonkey has developed strict security features to
protect Cardholder Data, and as such this data may only be used in anticipated
ways and stored in appropriate places. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE
PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA
ENTRY FIELDS IN THE SERVICES, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT
PURPOSE (i.e., where SurveyMonkey explicitly enables such data to be entered
into such fields). Appropriate fields are clearly marked with labels such as
‘Card number’ or by having a credit card icon precede them. Similarly, excluding
payment forms, you must never collect or enter any “Sensitive Authentication
Data”, as defined by the PCI Standards (including CVC or CVV2) into any fields
in the Services. You assume all responsibility for any Cardholder Data entered
into the Services in violation of these terms.


11. SUSPENSION, ACCOUNT CLOSURE, AND TERMINATION OF SERVICES

Here is how you can close your account with us and how we may suspend or disable
your account and/or terminate the Services.


11.1 BY YOU.

You can cancel your Subscription immediately through your account management
page. We do not offer refunds except under very limited circumstances.

You can cancel your Subscription and/or close your account at any time through
your account management page. When you close your account, your Subscription
will automatically be cancelled, your Services will be terminated, and you will
no longer be able to access your account to use the Services and your Content
will be deleted in accordance with our data retention policy and these TOU. You
can obtain a copy of your Content from the relevant Service(s) before closing
your account, subject to applicable law and policies. Alternatively, you can
delete your Content yourself proactively prior to cancelling a Subscription and
closing your account. If you would like to cancel your Subscription without
closing your account, see Section 1.2 (SurveyMonkey) and Section 16.2 (Wufoo)
for further information.

When you close your account, we will provide you with confirmation of account
closure and Subscription cancellation, and you will not be charged again for
that Subscription unless you open a new account and purchase a new Subscription.
If you cancel a Subscription in the middle of a billing cycle, you will not
receive a refund unless you are canceling for any of the following reasons: (a)
we have materially breached these Terms and failed to cure that breach within 30
days after you have so notified us in writing; (b) a refund is required by law;
or (c) we, in our sole discretion, determine a refund is appropriate. For
clarity, we will not grant a refund where you have used our Services, collected
responses, and/or downloaded your responses unless the termination is due to our
material, uncured breach or a refund is required by law.

Nothing in this Section 11.1 shall exclude or limit any rights which you may
have if you are considered a consumer in your country of residence. For example,
if you qualify as a consumer in the European Union you may have certain refund
and withdrawal rights as described in our European Union Subscription
Cancellation Policy. You may also have a right of refund or a right to terminate
in respect of the EU Legal Warranty. See our Country-Specific Terms for Europe
for more information.


11.2 BY SURVEYMONKEY.

(a) For Convenience. SurveyMonkey may cancel your Subscription and terminate the
Services effective at the end of a billing cycle by providing at least 30 days’
prior written notice to you without refund for any prior period. Additionally,
SurveyMonkey may cancel your Subscription and terminate the Services at any time
during the billing cycle by providing at least 90 days’ written notice to you
and will provide a pro rata refund for any period of time you did not use the
relevant Service(s) in that billing cycle.

(b) For Cause. SurveyMonkey may limit, disable, suspend and/or cancel your
Subscription and terminate the Services and/or close your account for any of the
following reasons: (a) you have materially breached these Terms and failed to
cure that breach within 30 days after SurveyMonkey has so notified you in
writing; (b) you cease your business operations or become subject to insolvency
proceedings and the proceedings are not dismissed within 90 days; (c) you fail
to pay fees for 30 days past the due date; (d) you use the Services in a way
that causes legal liability to us or disrupts others’ use of the Services; (e)
if we are investigating suspected misconduct by you, including illegal activity;
or (f) we are required to do so to comply with applicable law. If we limit,
disable, suspend and/or cancel your Subscription and/or terminate the Services,
depending upon the reason, we will, where possible, endeavor to give you advance
notice and an opportunity to obtain a copy of your Content from that Service.
However, there may be time sensitive situations where SurveyMonkey may decide
that we need to take immediate action without notice. SurveyMonkey will use
commercially reasonable efforts to narrow the scope and duration of any
limitation or suspension under this Section as is needed to resolve the issue
that prompted such action. Except as set out in our Privacy Notice, and as may
be required under applicable law, SurveyMonkey has no obligation to retain your
Content upon closure of your account.


12. CHANGES AND UPDATES

We may update these Terms. If the updates are significant, we will notify you
that changes are coming. If you continue to use our Services after we give you a
heads up, then you are agreeing to the updated Terms.


12.1 CHANGES TO 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 Services, and to account
for new Services or functionality, for security or to prevent abuse or harm. The
most current version will always be posted on the SurveyMonkey website. If an
amendment is material, SurveyMonkey will notify you in advance by email to
provide you the opportunity to review the changes. Notice of amendments may also
be posted upon your login to your account. Except as otherwise specified by us,
changes will be effective no sooner than the day they are publicly posted. Once
our new terms are effective, if you continue to use the Services, you indicate
your agreement to be bound by the updated terms. If you do not agree to any
changes made to the terms for a Service, you should stop using that Service and
you may close your account with us in accordance with Section 11.1 above.


12.2 CHANGES TO SERVICES.

We are always looking to innovate and make our Services better, so they may
change. If that happens, we will send written notice to you to let you know
before making the change.

SurveyMonkey constantly changes and improves the Services. SurveyMonkey may add,
alter, or remove functionality from a Service it provides to you at any time
without prior notice, except as may be required by applicable law. SurveyMonkey
may also limit, suspend, or discontinue a Service provided to you at its
discretion. If SurveyMonkey discontinues a Service, we will give you reasonable
advance notice to provide you with an opportunity to obtain a copy of your
Content from that Service. SurveyMonkey may remove content from the Services it
provides you at any time in our sole discretion, although we will endeavor to
notify you before we do that if it materially impacts you and if practicable
under the circumstances.
If you are considered a consumer in the European Union, this Section 12.2 may
not apply to your use of the Services. Please see our Country-Specific Terms for
Europe for further information.


12.3 DOWNGRADES.

Downgrading your account plan (changing your Subscription type, or cancelling a
Subscription and downgrading to our SurveyMonkey Basic (free) plan) may cause
the loss of Content, features, functionality, or capacity of your account.


12.4 SURVEYMONKEY BASIC (FREE) PLAN RESPONSE LIMITS.

Any responses over your SurveyMonkey Basic (free) plan's response limits will
not be viewable, and each response over the limit will be deleted 60 days after
it is received, unless you upgrade to a SurveyMonkey paid plan to view and keep
access to all responses before they are deleted. We encourage you to go to My
Surveys to see which surveys have extra responses over your plan's response
limit, in case you want to upgrade to a paid plan to view and keep them.


13. DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION

Our Services will perform and function as described in these Terms.


13.1 DISCLAIMERS.

While it is in SurveyMonkey's interest to provide you with a great experience
when using the Services, there are certain things we do not promise about them.
We try to keep our online Services 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 SERVICES AND ANY GUIDANCE OR
RECOMMENDATIONS THEREIN 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
REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE
SERVICES.


13.2 EXCLUSION OF CERTAIN LIABILITY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, SURVEYMONKEY (INCLUDING ITS
AFFILIATES AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND
LICENSORS) WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA,
BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT),
ARISING OUT OF OR IN CONNECTION WITH THE SERVICES 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.


13.3 LIMITATION OF LIABILITY.

In the event of a dispute, we won’t owe more than the amount you’ve paid or
should have paid in the previous 12 months for the Services or $200, whichever
is less.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF
SURVEYMONKEY (INCLUDING ITS AFFILIATES AND ITS AND THEIR OFFICERS, EMPLOYEES,
AGENTS, SUPPLIERS, AND LICENSORS) ARISING OUT OF OR IN CONNECTION WITH THE
SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY
YOU TO SURVEYMONKEY FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR
TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$200.00.

IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS (SECTION 13.2) AND/OR
LIMITATIONS (SECTION 13.3) ARE NOT PERMITTED BY LAW, WE ARE RESPONSIBLE TO YOU
ONLY FOR YOUR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR
FAILURE TO USE ALL REASONABLE SKILL AND CARE OR THAT DIRECTLY RESULT FROM
A MATERIAL BREACH OF THESE TERMS.

While our Services are meant for business purposes, 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
using our Services primarily for non-business purposes (such as personal use of
our SurveyMonkey Basic (free) plan), nothing in these Terms limits those
consumer rights.


13.4 INDEMNIFICATION.

If we get sued because of something you do using our Services or because you
violate these Terms, we expect that you will step into our shoes to defend that
lawsuit and pay any damages awarded by the Court.

If you are a business, you will indemnify and hold harmless SurveyMonkey
(including its affiliates and its and their 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 or your end users’ use of the Services or breach of these
Terms, to the extent that such liabilities, damages and costs were caused by you
or your end users.


14. CONTRACTING ENTITY

If you are in the USA, you are contracting with SurveyMonkey Inc. If you are
located in Brazil, you are contracting with SurveyMonkey Brasil Internet Ltda.
If you are located anywhere else, you are contracting with SurveyMonkey Europe
UC.


14.1 WHO YOU ARE CONTRACTING WITH.

Unless otherwise noted, the Services are provided by, and you are contracting
with, SurveyMonkey Inc. inside of the United States, by SurveyMonkey Brasil
Internet Ltda. inside of Brazil, and by SurveyMonkey Europe UC everywhere else.


14.2 SURVEYMONKEY INC.

For any Service provided by SurveyMonkey Inc., the following provisions will
apply to any terms governing that Service:

 * Contracting Entity. References to “SurveyMonkey”, “we”, “us”, and “our” are
   references to SurveyMonkey Inc., located at One Curiosity Way, San Mateo, CA
   94403, USA.
 * Governing Law. Those terms are governed by the laws of the State of
   California (without regard to its conflict of laws provisions).
 * Jurisdiction. Except if prohibited by applicable law, each party submits to
   the exclusive jurisdiction of the state courts and federal courts located in
   San Francisco County, California with respect to the subject matter of those
   terms.


14.3 SURVEYMONKEY EUROPE UC.

For any Service provided by SurveyMonkey Europe UC, the following provisions
will apply to any terms governing that Service:

 * Contracting Entity. References to “SurveyMonkey”, “we”, “us”, and “our” are
   references to SurveyMonkey Europe UC, located at 2 Shelbourne Buildings,
   Second Floor, Shelbourne Road, Dublin 4, Ireland.
 * Governing Law. Those terms are governed by the laws of Ireland (without
   regard to its conflicts of laws provisions).
 * Jurisdiction. Except if prohibited by applicable law, in relation to any
   legal action or proceedings to enforce those terms or arising out of or in
   connection with those terms, each party irrevocably submits to the exclusive
   jurisdiction of the courts of Ireland.


14.4 SURVEYMONKEY BRASIL INTERNET LTDA.

For any Service provided by SurveyMonkey Brasil Internet Ltda., the following
provisions will apply to any terms governing that Service:

 * Contracting Entity. References to “SurveyMonkey”, “we”, “us”, and “our” are
   references to SurveyMonkey Brasil Internet Ltda., located at Rua Joaquim
   Floriano, No. 243, suite 113, Itaim Bibi, São Paulo-SP, 04534-010 Brazil.
 * Governing Law. Those terms are governed by the laws of Brazil (without regard
   to its conflicts of laws provisions).
 * Jurisdiction. Except if prohibited by applicable law, in relation to any
   legal action or proceedings to enforce those terms or arising out of or in
   connection with those terms, each party irrevocably submits to the exclusive
   jurisdiction of the courts of the city of São Paulo, Brazil.


15. OTHER TERMS

You may not transfer these obligations to someone else without our permission.
However, we can transfer these terms or our obligations without your permission.


15.1 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.


15.2 CUSTOMER LISTS.

We can use your name, logo, and description of how you use our Services on our
website, in earnings calls, and in marketing and promotional materials.

SurveyMonkey may identify you by name and logo as a customer of the Services on
our websites and on other promotional materials. Any goodwill arising from the
use of your name and logo will inure to your benefit.


15.3 ENTIRE AGREEMENT.

These TOU are the only set of terms that govern our relationship. Any additional
terms (like those in tiny font attached to the bottom of a purchase order) that
you provide will not be binding.

These Terms (including the Additional Terms) 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. Any terms and conditions appearing on a purchase order or
similar document issued by you, or in your procurement, invoicing, or vendor
onboarding portal do not apply to the Services, do not override or form a part
of these Terms, and are void.


15.4 INDEPENDENT CONTRACTORS.

The relationship between you and SurveyMonkey is that of independent
contractors, and not legal partners, employees, or agents of each other.


15.5 INTERPRETATION.

The use of the terms “includes”, “including”, “such as”, and similar terms, will
be deemed not to limit what else might be included.


15.6 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.


15.7 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.


15.8 SEVERABILITY.

If any part of these Terms is not enforceable, the rest of the Terms will still
be enforceable.

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.


15.9 THIRD PARTY BENEFICIARIES.

There are no third party beneficiaries to these Terms.


15.10 SURVIVAL.

Some terms live on even after this TOU ends.

The following sections will survive the termination of this TOU: Introduction,
1, 2, 3.2, 11, 13, 14, 15, 16, 17 and 18.


16. TERMS FOR CERTAIN CUSTOMERS

Some of these additional terms may apply depending on which Services you use.


16.1 CUSTOMER-SPECIFIC TERMS.

The following amendments automatically apply to you upon acceptance of these
Terms if you are one of the types of entities identified below:

 * If you are a United States Federal Government Agency, this Amendment applies
   to you.
 * If you are a different type of government entity in the United States, this
   Amendment applies to you.


16.2 WUFOO-SPECIFIC TERMS.

If you are using Wufoo Services, the following additional terms apply:

 * One free account per person. You may only have one active, free Wufoo account
   at any time. Multiple Wufoo accounts for any person may be closed by
   SurveyMonkey.
 * Form Gallery. In the course of using the Wufoo website, you may create
   certain templates, graphics or form documents (collectively, the “Form
   Content”) and load or post such documents into the Wufoo form gallery (“Form
   Gallery”) for other users. By making such Form Content available on the Form
   Gallery, you grant to SurveyMonkey a worldwide, irrevocable, perpetual,
   royalty-free, transferable and sub-licensable, non-exclusive right to use,
   copy, modify, distribute, display, perform, create derivative works and
   exploit that Form Content in connection with SurveyMonkey's operation of
   Wufoo.
 * Subscriptions. Your Subscription will automatically renew at the end of each
   billing cycle unless you cancel your Subscription plan through your online
   account management page, or by contacting our customer support team. IF YOU
   CANCEL A SUBSCRIPTION IN THE MIDDLE OF A BILLING CYCLE, (I) YOUR ACCOUNT WILL
   DOWNGRADE TO A FREE PLAN IMMEDIATELY AND (II) AFTER THE DATE OF DOWNGRADE,
   YOU WILL NO LONGER HAVE ACCESS TO ANY PAID FEATURES AVAILABLE FOR THAT
   SUBSCRIPTION. YOU WILL FORFEIT ANY REMAINING TIME ON YOUR SUBSCRIPTION FROM
   THE DATE OF DOWNGRADE TO THE END OF THAT BILLING CYCLE, AND YOU WILL NOT
   RECEIVE ANY PRO RATA REFUND FOR THAT PERIOD UNLESS YOU ARE CANCELLING FOR ONE
   OF THE REASONS DESCRIBED IN SECTION 11.1(A)-(C). You may need to adjust your
   form count, report count, rule count, and file usage in order to complete
   your account downgrade. Where you no longer have an active Subscription, your
   account becomes a Wufoo free plan. To close your account and terminate your
   contract with us, please see Section 11.1 above. 
 * Account Inactivity. SurveyMonkey may close any free Wufoo accounts that do
   not receive a form submission for 6 months or where the accounts are not
   accessed for 6 months.
 * Use of API. You may access your Wufoo account data via Wufoo’s application
   programming interface (“API”) and SurveyMonkey hereby grants you a
   non-exclusive, non-transferable license (without the right to sublicense) to
   use the API solely as necessary to develop, test, operate and support your
   software application or website using certain data and content from the Wufoo
   website (“Application”), and to distribute or allow access to your
   integration of the API within your Application to end users of your
   Application. Any use of the API, including use of the API through a third
   party product or service that accesses Wufoo, is bound by these Terms, plus
   the following specific items:

(a) Abuse of the API or excessively frequent requests to Wufoo via the API may
result in the temporary or permanent suspension of your access to the API.
SurveyMonkey, in its sole discretion, will determine if your usage constitutes
abuse or excessive usage of the API. SurveyMonkey will endeavor to warn the
account owner via email prior to suspension. While SurveyMonkey strives to have
the API available without interruption, SurveyMonkey cannot guarantee any uptime
for the API.

(b) You agree not to use the API in any way that is unlawful or harms
SurveyMonkey, its service providers, your end users, or any other person.

(c) SurveyMonkey may modify, restrict or discontinue, at any time, temporarily
or permanently, your access to the API (or any part thereof) with or without
notice.

(d) You agree to assist SurveyMonkey, at its request, to verify compliance with
these Wufoo Terms by providing us with information about your Application,
including providing us with access to it and/or other materials related to your
use of the API.

(e) The API is currently provided for free, but SurveyMonkey reserves the right
to charge for use of the API in the future. If SurveyMonkey charges a fee for
use of the API, you do not have any obligation to continue using it.


16.3 BETA SERVICES.

SurveyMonkey may designate or offer certain products or features, as a
pre-release, alpha, preview, early access, or beta version (“Beta Service”). If
you are using a Beta Service, the following terms also apply:  

A Beta Service is offered as-is to allow for testing and evaluation; it does not
represent the final product or service and may contain bugs that may cause
system or other failure, errors, and data loss. SurveyMonkey may choose not to
release a commercial version of the Beta Service. SurveyMonkey may, in its sole
discretion and at any time, remove or discontinue the Beta Service and release a
commercial version of the Beta Service. You must promptly cease using the Beta
Service if we request you to do so. In exchange for your use of a Beta Service,
you agree that SurveyMonkey may collect data regarding your use of the Beta
Service, including any feedback, and analyze your Content (including manual
review) to improve and troubleshoot the Service. If you do not wish to have this
usage or feedback data collected or Content analyzed, you must immediately
discontinue your use of the Beta Service.   

SurveyMonkey makes no representations or warranties for a Beta Service,
including any warranty that Beta Service will be generally available,
uninterrupted or error-free, or that your Content will be secure or not lost or
damaged. Except to the extent prohibited by law, SurveyMonkey expressly
disclaims all warranties for a Beta Service, including any implied warranties of
merchantability, satisfactory quality, fitness for a particular purpose,
non-infringement, or quiet enjoyment, and any warranties arising out of any
course of dealing or usage of trade. SurveyMonkey will have no liability arising
out of or in connection with a Beta Service. Any use by you of a Beta Service is
entirely at your own risk and discretion.

Confidential. Beta Services are confidential until officially launched by
SurveyMonkey. If you use any Beta Service, you agree not to disclose any
information about the Beta Service to anyone else without our prior written
permission. 


17. TERMS FOR SURVEYMONKEY'S API

See here for the terms for SurveyMonkey's API for products branded as
SurveyMonkey.


18. TERMS FOR SURVEYMONKEY CONTRIBUTE

See here for the terms for using SurveyMonkey Contribute.

COMMUNITY:

Developers

Facebook

Twitter

Linkedin

Our Blog

Instagram

Youtube

ABOUT US:

Leadership

App Directory

Newsroom

Vision and Mission

SurveyMonkey Together

Diversity, Equity & Inclusion

Health Plan Transparency in Coverage

Office Locations

Imprint

Careers

Sitemap

Help

Log In

Sign Up

POLICIES:

Terms of Use

Privacy Notice

California Privacy Notice

Acceptable Uses Policy

Security Statement

GDPR Compliance

Email Opt-In

Accessibility

Cookies Notice

USE CASES:

Online Polls

Facebook Surveys

Survey Template

Scheduling Polls

Google Forms vs. SurveyMonkey

Employee Satisfaction Surveys

Free Survey Templates

Mobile Surveys

How to Improve Customer Service

AB Test Significance Calculator

NPS Calculator

Questionnaire Templates

Event Survey



Sample Size Calculator

Writing Good Surveys

Likert Scale

Survey Analysis

360 Degree Feedback

Education Surveys

Survey Questions

NPS Calculation

Customer Satisfaction Survey Questions

Agree Disagree Questions

Create a Survey



Online Quizzes

Qualitative vs Quantitative Research

Customer Survey

Market Research Surveys

NPS Survey

Survey Design Best Practices

Margin of Error Calculator

Questionnaire

Demographic Questions

Training Survey

Offline Survey

360 Review Template

--------------------------------------------------------------------------------

English


Copyright © 1999-2023 SurveyMonkey
BBB credentials logo
TrustedSite logo