HeySurvey Terms of Use

Last updated: August 2025

1. Acceptance of Terms

These Terms of Use ("Terms") form a legally binding contract between you ("User", "you") and HeySurvey ("HeySurvey", "we", "us", "our") governing your access to and use of heysurvey.io and related services (the "Service"). By accessing or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. The Service

HeySurvey lets you build and share online surveys and forms for free, with optional paid upgrades (for example, removing HeySurvey branding). We may modify, suspend, or discontinue the Service (or any part of it) at any time without liability.

3. Eligibility & Accounts

You can create surveys without opening an account. Certain features—such as saving drafts or purchasing paid upgrades—require an account. You must be at least 13 years old (or the age of digital consent in your jurisdiction) to create an account. You are responsible for safeguarding your login credentials.

4. Your Surveys & Data

  • Your content. You own the text, images, questions, and other material you add to surveys ("Survey Content"). You state that you have all rights and permissions needed to use and share Survey Content and to collect responses.
  • License to us. You grant us a worldwide, non‑exclusive, royalty‑free license to host, reproduce, and display Survey Content and responses only as needed to operate, maintain, and improve the Service.
  • Data‑controller responsibility. You acknowledge that you are the data controller for any personal data you collect through the Service and that HeySurvey acts only as a data processor. You are solely responsible for providing all legally required notices and obtaining any necessary consents from respondents. A Data Processing Addendum is available on request.
  • Sensitive data. Do not collect sensitive personal data unless you have a lawful basis (e.g., explicit consent) and comply with applicable data‑protection laws such as the GDPR.
  • Data‑backup disclaimer. Although we take periodic backups for our own disaster‑recovery purposes, we do not guarantee that any lost or corrupted data can or will be restored. You are responsible for maintaining your own independent backups of Survey Content and responses.

5. Pricing, Subscriptions & Refunds

  • Free plan. Creating and sharing surveys is free.
    • Data deletion for inactive free accounts. Surveys and responses linked to a free account may be permanently deleted after 90 days of inactivity. We'll email at least 7 days' notice before deletion, but we make no promise to hold or restore such data afterward.
  • Paid subscription. Removing HeySurvey branding (and any future premium features) requires a paid subscription of USD 4/month plus applicable taxes, billed in advance. Subscriptions auto‑renew monthly until cancelled.
  • Taxes. All fees are exclusive of any sales, value‑added, goods‑and‑services or similar taxes ("Taxes"). You are responsible for paying all Taxes associated with your purchase, except those based on our net income.
  • Cancellation. You may cancel at any time from your account settings, effective at the end of the current billing period.
  • Refunds. Payments are non‑refundable except as required by law.
  • Price changes. We may change prices with at least 30 days' notice via the Service or email.

6. Intellectual Property & Copyright Complaints

The Service—including software, design, and trademarks (excluding your Survey Content)—is owned by HeySurvey or its licensors. You may not copy, modify, distribute, sell, or lease any part of the Service unless we say so in writing.

If you believe that content on the Service infringes your copyright, send a notice to [email protected] containing the information required by the U.S. DMCA (or equivalent law). We will respond and, where appropriate, remove or disable access to the allegedly infringing material.

7. Privacy

Our Privacy Policy explains how we handle personal data. By using the Service you agree to that policy.

8. Acceptable‑Use Policy

You agree not to:

  • Use the Service for unlawful, harmful, or fraudulent activity;
  • Infringe intellectual‑property, privacy, or other rights of anyone;
  • Upload, post, or transmit hate speech, harassment, threats, or content that is sexually explicit, exploits minors, or incites violence;
  • Send unsolicited or bulk spam;
  • Upload or transmit viruses or other malicious code;
  • Attempt to reverse‑engineer, probe, or interfere with the Service's security or operation.

9. Indemnification

You will indemnify, defend, and hold harmless HeySurvey, its affiliates, and their respective directors, officers, employees, and agents from and against any third‑party claims, damages, liabilities, and costs (including reasonable attorneys' fees) arising out of or related to (a) your Survey Content, (b) your violation of these Terms, or (c) your violation of any law or the rights of a third party.

10. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by law, HeySurvey disclaims all warranties, including fitness for a particular purpose, merchantability, and non‑infringement.

11. Limitation of Liability

To the maximum extent allowed by law, HeySurvey will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, or data, arising from or related to the Service or these Terms.

Our aggregate liability for any claim arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total fees you paid to us in the 3 months preceding the event giving rise to the liability or (b) USD 10.

12. Force Majeure & Service Availability

We do not guarantee uninterrupted or error‑free operation of the Service. Events beyond our reasonable control (including but not limited to natural disasters, acts of government, internet outages, or labor disputes) relieve us of performance obligations for their duration.

13. Data Storage, Backups & Deletion

We may create routine system backups and store them securely, but we make no warranty that any data can be recovered. You acknowledge that all backups, archiving, and export of data are your sole responsibility. For free accounts, we reserve the right to delete data after the inactivity period stated in Section 5.

14. Governing Law, Dispute Resolution & Arbitration

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict‑of‑law rules.

  • Informal resolution. Most disputes can be resolved informally. Before filing a claim, you agree to contact us and attempt to resolve the dispute within 30 days.
  • Arbitration. If we cannot resolve the dispute informally, it shall be finally settled by binding arbitration under the rules of the American Arbitration Association ("AAA") in Wilmington, Delaware, USA. Either party may bring an individual claim in small‑claims court instead.
  • No class actions. Disputes must be brought on an individual basis; class or representative actions are not permitted.
  • Court venue. Subject to the above, you and HeySurvey submit to the exclusive jurisdiction of the courts located in Wilmington, Delaware, USA.
  • Consumer rights. Nothing in this section affects statutory rights that cannot be waived.

15. Changes to Terms

We may update these Terms from time to time. If we make material changes, we'll provide at least 30 days' notice by posting the revised Terms and updating the "Last updated" date. Your continued use of the Service after changes means you accept the revised Terms.

16. Publicity

Unless you notify us otherwise in writing, you grant HeySurvey the right to identify you (or your organization) by name and logo as a HeySurvey user on our website, in investor or earnings calls, and in marketing and promotional materials. All goodwill arising from such use will inure to your benefit. You may opt out at any time by emailing [email protected].

17. Fair Usage & Rate Limits

To ensure a high‑quality experience for all users, we may impose reasonable limits on the volume of surveys sent, responses collected, API calls, or emails dispatched through the Service. If you consistently exceed fair‑usage thresholds (determined at our sole discretion), we may require you to upgrade to a paid plan, reduce usage, or suspend access until usage is compliant.

18. Confidentiality

"Confidential Information" means non‑public information disclosed by either party that is marked or reasonably should be understood to be confidential. Each party agrees to (a) use the Confidential Information only to exercise rights or perform obligations under these Terms, and (b) protect it with the same care it uses for its own confidential info (no less than reasonable care). Confidential Information excludes information that is public, already known, independently developed, or rightfully obtained from a third party without confidentiality obligations.

19. Statutory Cooling‑Off for EU Consumers

If you are a consumer resident in the European Union, you have the right to withdraw from a paid subscription within 14 days of purchase without giving any reason. To exercise this right, email [email protected] with a clear statement before the withdrawal period expires. If services have already begun at your request during the cooling‑off period, you may be charged a proportionate amount.

20. Anti‑Bribery & Modern‑Slavery Compliance

You and HeySurvey will comply with all applicable anti‑bribery, anti‑corruption, and modern‑slavery laws, including the UK Modern Slavery Act 2015 and the U.S. Foreign Corrupt Practices Act. Neither party will engage in any form of forced labour, child labour, bribery, or corrupt payments.

21. Assignment & Delegation

You may not assign, delegate, or otherwise transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer our rights and obligations to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

22. Severability & No Waiver

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

23. Third‑Party Rights

Nothing in these Terms confers or is intended to confer any rights or remedies on any person or entity other than you and HeySurvey, and no third party may enforce any of these Terms.

24. Entire Agreement & Order of Precedence

These Terms (together with the Privacy Policy, Data Processing Addendum, and any additional written agreement signed by both parties) constitute the entire agreement between you and HeySurvey concerning the Service and supersede all prior or contemporaneous understandings, communications, and proposals, whether oral or written. In the event of any conflict between these Terms and a separately executed written agreement, the latter shall control to the extent of the conflict.

Questions about these Terms? Email us at [email protected].

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