Terms of Service
By signing up as a new user of SurveyKing you agree to the following conditions. These terms and conditions are governed by the laws of the United States of America and the laws of the State of Michigan.
Payments and Payment Security
- SurveyKing will do its best to refund customers where the product has failed to meet expectations. This does not in any way guarantee a refund in fact will be issued. SurveyKing reserves the right to deny any and all requests for refunds.
- SurveyKing uses a third party, “Stripe” to process credit card payments. SurveyKing only stores the last 4 digits of a credit card as well as the card expiration date for all purchases for customer reference.
- All personal/billing data will be kept secure by both SurveyKing and “Stripe”. We have security measures in place to protect our customer database and access to this database is restricted internally. This by no means guarantees absolute security. By creating an account and/or purchasing surveys you agree that, SurveyKing will not be held liable for any billing errors or leaked personal data.
- All payment pages use SSL technology to encrypt the purchase and payment information.
Account Security
By creating an account on the SurveyKing, you hereby agree that you are solely responsible for maintaining the confidentiality of the password(s) associated with your account. You agree that you will not directly or indirectly allow any third party access to your account details and that you will be solely responsible for all activities and transactions that take place under your account and for any and all use or misuse of your password or account. You are fully responsible for all actions that occur under your account or in connection with your account. You agree not to use your account in any unlawful, misleading or fraudulent manner.
Account Content
Users shall not use SurveyKing for any unlawful or inappropriate purpose. These types of actions include any actions that (are):
- unlawful, abusive, profane, obscene, vulgar, defamatory, pornographic, threatening, invasive of publicity or privacy rights, or otherwise objectionable;
- violate or infringe upon the rights of others in any way
- contain any viruses, worms, malware, Trojan horses or other harmful or destructive content
- encourage others to commit unlawful acts;
- breache any other party's Intellectual Property
- contain publicity, advertising, or solicitation for goods or services that did not receive prior approval from SurveyKing
- non-compliant with the law and best practices of the Children's Online Privacy Protection Act (“COPPA”) and Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM”)
SurveyKing cannot review all content and material posted on the site or in surveys and emails through its mass email services. SurveyKing cannot accept responsibility or liability for any material posted by its users. SurveyKing reserves the right to remove or alter any user's content or material posted or used as part of the Services for any reason, at its own discretion.
Spam, Survey Misuse and E-mail Useage
Users shall not use SurveyKing for any unlawful or inappropriate purpose. These types of actions include any actions that (are):
- Sending email invitations and or reminders to surveys must be done in good faith and not for spam purposes.
- You must also adhere to the obligations of CAN-SPAM and EU Directive 2002/58/EC. SurveyKing takes no responsibility for your interpretation of the respective laws. If you ask for users' email addresses and/or use them for your survey campaign you must adhere to the following: Don't use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information, including the originating domain name and email address, must be accurate and identify you. Don't use deceptive subject lines. The subject line must accurately reflect the content of the message; Only send a reasonable amount of emails in any period of time. Identify the message as an ad if it is one. You may not use the Services for Phishing or otherwise stealing users' details.
- SurveyKing actively monitors the uploading of large email lists and emails being broadcast to large numbers of subscribers. SurveyKing will not allow their surveys or email broadcast system to be used in conjunction with email lists which have been rented, purchased or harvested by any means. If you do not have proof that you have collected the email addresses in your list, please do not upload them. SurveyKing reserves the right to request such proof. Non production of proof may lead to the user account being terminated. You are responsible for ensuring that the email messages you send in connection with your surveys do not generate a number of spam complaints in excess of industry standards.
SurveyKing cannot review all content and material posted on the site or in surveys and emails through its mass email services. SurveyKing cannot accept responsibility or liability for any material posted by its users. SurveyKing reserves the right to remove or alter any user's content or material posted or used as part of the Services for any reason, at its own discretion.
Termination
- SurveyKing reserves the right to terminate, suspend or restrict a user's account for breach of any term in these Terms of Service or for any reason at its own discretion. In the event a user's account is terminated, suspended or restricted, the user shall not be entitled to a refund for any remaining subscription fees already paid.
- SurveyKing will share any personal identifying information including email and IP address with proper reporting parties if an account is found to be involved in any spam practices.
Third Party Interference and Damage to Access Devices
- Although SurveyKing has security measures in place, you hereby accept that SurveyKing is not responsible for any third party interference with the Site. This includes any access to your account details by third parties, any software implemented into the website that causes any damage to the device used to access the site or anything that causes any damage to you whatsoever caused by third party interference. You hereby you use to access the Site and its compatibility required to access the site. SurveyKing cannot be held responsible for any bug or improper use of equipment used to access the Site whether through a web browser or device application.
Liability
- SurveyKing, its suppliers, directors, employees, licensors or agents shall not be liable with respect to any subject matter of these Terms of Service, or any use by any party of the Site and Services, under any form or causes of action including contract, tort, strict liability or in any other action or dispute. You agree to use this software at your own risk with no guarantees of performance or reliability.
Modifications to the Terms of Service
- SurveyKing reserves the right to change this policy at any time, however, all changes will be posted to this Terms of Service at the time such changes are made. The date of the most recent revisions will appear on this page. Please note that continued access of SurveyKing will constitute your acceptance of any changes or revisions to the Terms of Service.