Terms of Service
1. Who we are and what this agreement covers
SurveySpire (the "Service") is provided by Dynamic Visions AB, a limited liability company registered in Sweden with company registration number 559385-1784 ("we", "us"). These Terms of Service (the "Terms") form a binding agreement between us and the Customer.
The Service is offered to businesses and other organizations. "Customer" means the business or organization on whose behalf the Service is used. "You" refers to the Customer or, where the context concerns individual use of the Service, to the person using it.
If you create an organization in the Service, you enter into this agreement on the Customer's behalf and confirm that you are authorized to do so. If you join an organization that someone else has created, the Customer's agreement is already in place; by accepting these Terms you agree to follow them when using the Service.
2. The Service
SurveySpire lets you create surveys, distribute them to your recipients through channels such as email and SMS, and collect and analyze the responses. We may improve, extend or otherwise change the functionality of the Service over time, provided the changes do not materially reduce the overall functionality of the Service.
3. Accounts and organizations
- You must provide accurate account information and keep it up to date.
- You are responsible for keeping your login credentials confidential and for all activity that occurs under your account.
- Data in the Service belongs to an organization. Members you invite to your organization will have access to its data according to the role you assign them.
- You are responsible for the content of your surveys, for your recipient lists, and for having the permissions needed to use the information you upload.
- You must notify us without undue delay if you suspect unauthorized use of your account.
4. Acceptable use
You agree to use the Service only for lawful purposes. In particular, you must not:
- send surveys to recipients without a lawful basis to contact them under applicable law, including the EU General Data Protection Regulation ("GDPR") and applicable e-privacy and marketing rules;
- ignore or circumvent recipient opt-outs;
- use the Service to send unsolicited bulk messages (spam), malicious code, or content that is unlawful, deceptive, threatening or infringes the rights of others;
- attempt to gain unauthorized access to the Service, other customers' data, or the systems the Service runs on;
- resell or provide the Service to third parties without our written consent.
We may suspend or terminate accounts that violate this section, and remove or disable access to content that we reasonably believe violates these Terms or applicable law.
5. Your data and privacy
You retain all rights to the data you and your recipients submit to the Service, including recipient contact details and survey responses ("Customer Data"). We process personal data contained in Customer Data on your behalf as a processor, in accordance with our Data Processing Agreement, which forms part of these Terms. We implement appropriate technical and organizational measures, taking into account the nature of the processing and the risks involved, to protect Customer Data against unauthorized access, loss and misuse.
We may use aggregated and anonymized usage data, which does not identify you or any individual, to operate and improve the Service.
6. Intellectual property
We own all rights to the Service, including its software, design and branding. You receive a non-exclusive, non-transferable right to use the Service for your internal business purposes for as long as this agreement is in force. You may not copy, modify, reverse engineer or create derivative works of the Service.
7. Availability and support
We aim to keep the Service available at all times but do not guarantee uninterrupted availability. We may perform maintenance that temporarily limits availability, and will try to schedule it outside normal business hours. The Service also depends in part on third-party providers, such as hosting and message delivery services, whose availability may affect the Service. To the extent permitted by law, we provide the Service without warranties beyond those expressly stated in these Terms.
8. Fees
Use of the Service is subject to the fees agreed between you and us. All fees are exclusive of VAT and similar taxes unless stated otherwise. We may change fees with at least 30 days' notice. If you do not accept a fee change, you may terminate the agreement before the change takes effect.
9. Suspension, term and termination
- This agreement runs until terminated by either party.
- You may terminate at any time by deleting your organization or contacting us.
- We may terminate with 30 days' notice, or with immediate effect if you materially breach these Terms.
- We may temporarily suspend the Service if fees remain unpaid after a payment reminder and a reasonable opportunity to pay, if suspension is necessary to protect the security of the Service, its users or other customers, or if we are required to do so by law. We will restore access once the reason for suspension is resolved.
- Before Customer Data is deleted, you may export it from the Service or request a copy as described in the Data Processing Agreement.
- After termination we will delete Customer Data in accordance with the Data Processing Agreement.
10. Limitation of liability
To the extent permitted by mandatory law, we are not liable for indirect or consequential damages, such as loss of profit, loss of data or third-party claims, nor for damage caused by your use of the Service in breach of these Terms or caused by failures of third-party services or networks outside our reasonable control. Our total aggregate liability under this agreement is limited to the amounts you have paid for the Service during the twelve (12) months preceding the event giving rise to the claim, or, if no fees have been paid, SEK 5,000. Nothing in these Terms limits liability for damage caused by intent or gross negligence.
11. Confidentiality
Each party shall keep confidential information received from the other party confidential and use it only for the purposes of this agreement, except where disclosure is required by law. This obligation remains in force after termination.
12. Force majeure
Neither party is liable for delays or failures caused by circumstances beyond its reasonable control, such as natural disasters, war, labor conflicts, power or network outages, or actions of authorities.
13. Changes to these Terms
We may update these Terms from time to time. Minor changes that do not affect the meaning of these Terms, such as corrected typos or improved wording, may be made continuously. When we make material changes, we will publish a new version, and you will be asked to review and accept it the next time you use the Service.
14. General provisions
- You may not assign this agreement without our written consent. We may assign it in connection with a merger, acquisition or sale of the business.
- These Terms, together with the Data Processing Agreement and any order, subscription or pricing agreed between the parties, constitute the entire agreement regarding the Service. For matters concerning the processing of personal data, the Data Processing Agreement prevails.
- If a provision of these Terms is held invalid, the remaining provisions remain in effect.
- A party's failure to enforce a provision is not a waiver of its right to enforce it later.
- Sections 5, 6, 10, 11, 12 and 15, and any other provisions which by their nature are intended to survive, remain in force after termination of this agreement.
15. Governing law and disputes
These Terms are governed by Swedish law. Disputes arising out of or in connection with these Terms shall be settled by Swedish courts, with Solna District Court (Solna tingsrätt) as the court of first instance.
16. Contact
Questions about these Terms can be sent to us via our contact page.