Terms of Use

Introduction

Thanks for using SurveyMonkey’s products, services, websites, and apps which are branded as “SurveyMonkey” (“SurveyMonkey Services”) or “Wufoo” (“Wufoo Services”) (SurveyMonkey Services and Wufoo Services collectively “Services”).

These Terms of Use (“TOU”) contain the terms under which SurveyMonkey and its affiliates provide their Services to you and describe how the Services may be accessed and used. These TOU do not apply to SurveyMonkey Services which are available solely through our sales channel.

SurveyMonkey provides a variety of different services. Additional service-specific terms and policies (including rules and guidelines) apply to some Services (“Additional Terms”). Those Additional Terms become a part of your agreement with us if you use those Services. For example, if you use our survey services, the Survey Platform Terms of Service apply.

You can view a full list of Additional Terms in our Legal Center. We refer to the combination of these TOU and any applicable Additional Terms collectively as these “Terms.”

You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.

If you will be 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 case, “you” and “your” will refer to that organization.

Certain country-specific terms in Section 15.4 may apply to you if you are located outside the United States.

1. Fees and Payments

1.1. Fees for Services.

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. 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.

1.2. Subscriptions.

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. While we will be sad to see you go, 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. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.

1.3. Taxes.

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. 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 provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority.

  • 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 subsequently determine in our sole discretion that your tax exemption document is valid, we will refund the sales tax collected.

(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 products 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.

SurveyMonkey may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, 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 of any change in fees.

1.5. Overage Fees.

Unless otherwise stated, any overage fees incurred by you will be billed in arrears. 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.

2. Privacy

2.1. Privacy.

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”). We know that by giving us your Content, you are trusting us to treat it appropriately. SurveyMonkey’s Privacy Policy, together with any Service-specific privacy notices or statements (collectively, “SurveyMonkey privacy policies”), detail how we treat your Content and we agree to adhere to those SurveyMonkey privacy policies. You in turn agree that SurveyMonkey may use and share your Content in accordance with the SurveyMonkey privacy policies and applicable data protection laws. If you are a customer who is operating as “data controller” as defined in the European General Data Protection Regulation 2016/679 (“GDPR”) we have added some additional terms below in Section EU2 to address your obligations under this law. You also agree that you are responsible for notifying these third parties who submit content to you through our Services about the SurveyMonkey privacy policies.

2.2. Confidentiality.

SurveyMonkey will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the SurveyMonkey privacy policies). 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 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.

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 designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.

If SurveyMonkey becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), SurveyMonkey will take reasonable steps to notify you without undue delay, but in any event within 72 hours of becoming aware of the Security Incident. SurveyMonkey will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you 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

3.1. You Retain Ownership of 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 rights needed for us to provide the Services, and as otherwise 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 the Services to you and as otherwise permitted by the SurveyMonkey privacy policies. 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. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide SurveyMonkey with feedback about the Services, we may use your feedback without any obligation to you.

3.3. Customer Lists.

SurveyMonkey may identify you (by name and logo) as a SurveyMonkey Services and/or Wufoo Services customer on SurveyMonkey and/or Wufoo’s website and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.

3.4. Copyright Claims (DCMA Notices).

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

3.5. Other IP Claims.

SurveyMonkey respects the intellectual property rights of others, and we expect our users to do the same. 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 DMCA process outlined in these Terms, or any equivalent process available under local law.

4. SurveyMonkey IP

4.1. SurveyMonkey IP.

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 SurveyMonkey’s 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.