Terms of Service

2.1 Eligibility

• You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to use the Platform.
• If you are under 18 but at least 16 years of age, you may use the Platform only with verifiable consent from a parent or legal guardian.
• You represent that you are legally competent to enter into binding agreements under the laws of your jurisdiction.
• You represent that you are not barred from using the Platform under any applicable law, including export control and sanctions regulations.

2.2 Account Registration

To access the Platform's features, you must register an account by providing accurate and complete information, including your name, email address, and optional details such as phone number and organization name. You may also register using supported single sign-on providers (Google, Microsoft, or Apple).

• You are responsible for maintaining the confidentiality of your account credentials.
• You must notify us immediately at support@surveyanalytica.com if you suspect unauthorized access to your account.
• You are responsible for all activities that occur under your account.
• You may not share, transfer, or sell your account credentials to any third party.
• We reserve the right to suspend or terminate accounts that contain false or misleading registration information.

4.1 Subscription Plans

• The Platform offers various subscription plans (Free, Professional, Business, Enterprise) with different feature sets, usage limits, and pricing.
• Details of each plan are available on our pricing page at surveyanalytica.com/pricing.
• Enterprise customers may negotiate custom terms via a separate order form or Master Service Agreement (MSA).

4.2 Payments

• Payments are processed through Stripe, our third-party payment processor. By making a payment, you also agree to Stripe's terms of service.
• We accept major credit cards, debit cards, and other payment methods supported by Stripe in your region.
• All fees are stated in the currency displayed at the time of purchase. You are responsible for any currency conversion fees charged by your bank or payment provider.
• Prices are exclusive of applicable taxes (VAT, GST, sales tax, etc.) unless explicitly stated otherwise. You are responsible for all applicable taxes based on your billing jurisdiction.

4.3 Billing Cycle and Renewals

• Subscriptions are billed in advance on a monthly or annual basis, as selected during purchase.
• Subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date.
• We will notify you at least 14 days before any price increase takes effect on your next renewal.

4.4 Refunds and Cancellations

• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing cycle. No partial refunds are provided for unused time within a billing cycle.
• Refund requests for annual subscriptions must be submitted within 14 days of the initial purchase or renewal. Refunds are processed to the original payment method within 7 business days.
• For monthly subscriptions, refunds are provided only if the service was materially unavailable during the billing period.
• Enterprise customers: refund terms are governed by your individual agreement.
• To request a cancellation or refund, contact support@surveyanalytica.com.

5.1 Prohibited Content

• Creating surveys, forms, or campaigns that collect data for phishing, social engineering, or identity theft purposes.
• Distributing malware, viruses, or other harmful code through the Platform.
• Collecting personal data from minors without verifiable parental consent where required by law (e.g., COPPA in the US, Age Appropriate Design Code in the UK).
• Creating content that is illegal, defamatory, obscene, threatening, discriminatory, or that incites violence or hatred.
• Collecting special category data (health, biometric, racial/ethnic origin, political opinions, religious beliefs, sexual orientation) without explicit consent and appropriate legal basis.
• Impersonating any person, organization, or government entity.

5.2 Prohibited Activities

• Sending unsolicited surveys or campaigns (spam) to individuals who have not consented to receive them.
• Attempting to gain unauthorized access to the Platform, other user accounts, or related systems.
• Reverse engineering, decompiling, or disassembling any part of the Platform.
• Using automated tools (bots, scrapers, crawlers) to access the Platform without our prior written consent.
• Reselling, sublicensing, or redistributing access to the Platform without authorization.
• Using the Platform in any manner that could overload, impair, or compromise our infrastructure.
• Circumventing any usage limits, rate limits, or security measures implemented on the Platform.
• Violating any applicable laws, regulations, or third-party rights.

5.3 Survey Respondent Protection

As a survey creator, you bear responsibility for:

• Ensuring respondents are informed about the purpose of data collection before they participate.
• Obtaining appropriate consent from respondents as required by applicable data protection laws.
• Providing respondents with a mechanism to request access, correction, or deletion of their responses.
• Complying with all applicable data protection regulations in the jurisdictions where your respondents are located.

6.1 Your Data

• You retain all ownership rights to your Customer Data. SurveyAnalytica does not claim ownership of any Customer Data.
• You grant SurveyAnalytica a limited, non-exclusive license to process, store, and transmit your Customer Data solely to provide the Services.
• Upon termination of your account, you may export your Customer Data for up to 30 days. After this period, we will delete your Customer Data in accordance with our data retention policy.

6.2 Survey Response Data

• Survey responses are Customer Data owned by you, the survey creator. SurveyAnalytica does not sell, share, or use survey responses for any purpose other than providing the Services to you.
• You are the Data Controller for survey responses. SurveyAnalytica processes survey responses on your behalf as a Data Processor.
• Respondents should direct data access, correction, or deletion requests to you as the survey creator. We will assist you in fulfilling such requests as required by applicable law.

6.3 Aggregated and Anonymized Data

We may create aggregated, de-identified, or anonymized data derived from Customer Data for the purposes of improving the Platform, conducting research, generating benchmarks, and creating industry reports. Such data will not identify you or any individual respondent.

6.4 Data Portability

You may export your Customer Data at any time in standard formats (CSV, JSON, Excel) through the Platform's export features or by contacting support@surveyanalytica.com.

7.1 AI-Powered Features

The Platform includes AI-powered features for survey design, content generation, analytics, and workflow automation. These features may use third-party AI services (such as Google Gemini and OpenAI). By using AI features, you acknowledge that:

• AI-generated content is provided as suggestions and should be reviewed by you before use.
• We do not guarantee the accuracy, completeness, or suitability of AI-generated content.
• Customer Data processed by AI features is subject to the data protection commitments in these Terms and our Privacy Policy.
• We do not use your Customer Data to train general-purpose AI models. Data processed through AI features is used solely to provide the specific feature you requested.

7.2 Automated Decision-Making

Certain features (such as segmentation, scoring, and workflow triggers) involve automated decision-making. You are responsible for ensuring that any automated decisions affecting individuals comply with applicable laws, including the right to human review under GDPR Article 22.

8.1 Platform IP

The Platform, including its design, code, algorithms, documentation, branding, trademarks, and all related intellectual property, is and remains the exclusive property of SurveyAnalytica. Nothing in these Terms grants you any right, title, or interest in the Platform's intellectual property except the limited right to use the Platform under your Subscription.

8.2 User Content

You retain ownership of all Content you create or upload to the Platform. By uploading Content, you grant SurveyAnalytica a non-exclusive, worldwide license to use, reproduce, and display such Content solely for the purpose of providing the Services.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Platform, you grant SurveyAnalytica an unrestricted, irrevocable, perpetual license to use such feedback for any purpose without compensation to you.

8.4 Restrictions

• You may not copy, modify, adapt, reverse engineer, or create derivative works from the Platform.
• You may not remove, alter, or obscure any proprietary notices, labels, or marks on the Platform.
• You may not use SurveyAnalytica's name, logos, or trademarks without our prior written consent.

10.1 Availability

We strive to maintain Platform availability of 99.9% uptime, measured monthly, excluding scheduled maintenance. We will provide at least 48 hours' notice for planned maintenance where practicable. Real-time service status is available at our status page.

Enterprise customers may negotiate specific SLA terms, including uptime guarantees, support response times, and service credits, through a separate agreement.

10.2 Support

• All users have access to email support at support@surveyanalytica.com.
• Business and Enterprise plan users have access to priority support with faster response times.
• Enterprise customers may have access to dedicated account management and phone support as specified in their agreement.

14.1 Term

These Terms are effective from the date you first access or use the Platform and continue until terminated.

14.2 Termination by You

You may terminate your account at any time by contacting support@surveyanalytica.com or through the account settings. Termination takes effect at the end of the current billing cycle.

14.3 Termination by SurveyAnalytica

We may suspend or terminate your account:

• Immediately, if you breach any material provision of these Terms.
• Immediately, if required by law or a governmental authority.
• With 30 days' notice, for any other reason.
• Immediately, if your account has been inactive for more than 12 consecutive months (Free plan only).

14.4 Effect of Termination

• Upon termination, your right to access the Platform ceases immediately.
• You have 30 days after termination to export your Customer Data. After this period, we will delete your data in accordance with our retention policy.
• Termination does not relieve you of the obligation to pay any outstanding fees.
• Sections that by their nature should survive termination (including Limitation of Liability, Indemnification, Dispute Resolution, and Data Protection) will survive.

15.1 Roles and Responsibilities

• For Customer Data (including survey responses): You are the Data Controller and SurveyAnalytica is the Data Processor.
• For account and usage data: SurveyAnalytica is the Data Controller.
• Processing of Customer Data is governed by our Data Processing Addendum (DPA), available at surveyanalytica.com/legal/dpa, which is incorporated into these Terms by reference.

15.2 Data Processing Addendum

Our DPA includes Standard Contractual Clauses (SCCs) approved by the European Commission for international data transfers. Enterprise customers may request additional data protection terms as required by their regulatory obligations.

15.3 Sub-processors

We use approved sub-processors to deliver the Services. A current list of sub-processors is available at surveyanalytica.com/legal/subprocessors. We will notify you at least 30 days before adding a new sub-processor, giving you the opportunity to object.

15.4 Data Security

We implement appropriate technical and organizational measures to protect Customer Data, including encryption in transit (TLS 1.2+) and at rest (AES-256), access controls, audit logging, and regular security assessments. Further details are provided in our Security Practices documentation.

15.5 Data Breach Notification

In the event of a confirmed data breach affecting Customer Data, we will notify you without undue delay and in any event within 72 hours of becoming aware of the breach, providing the information required under applicable data protection laws.

16.1 General

SurveyAnalytica is committed to helping you comply with data protection regulations applicable in the jurisdictions where you and your respondents operate. We provide tools, features, and contractual commitments to support your compliance obligations.

16.2 GDPR (European Union / EEA / UK)

For users and respondents in the EU/EEA/UK, we comply with the General Data Protection Regulation (GDPR) and the UK GDPR. This includes:

• Acting as a Data Processor under a GDPR-compliant Data Processing Addendum.
• Implementing Standard Contractual Clauses for international data transfers.
• Supporting data subject rights (access, rectification, erasure, portability, restriction, objection).
• Maintaining records of processing activities.
• Conducting Data Protection Impact Assessments where required.

16.3 CCPA / CPRA (California, USA)

For users and respondents in California, we comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). We act as a "Service Provider" under the CCPA. We do not sell or share personal information for cross-context behavioral advertising.

16.4 Other Regulations

We also support compliance with other international data protection regulations, including but not limited to:

• PIPEDA (Canada) — Personal Information Protection and Electronic Documents Act
• LGPD (Brazil) — Lei Geral de Protecao de Dados
• POPIA (South Africa) — Protection of Personal Information Act
• PDPA (Singapore) — Personal Data Protection Act
• APPI (Japan) — Act on the Protection of Personal Information
• IT Act 2000 and DPDP Act 2023 (India) — Information Technology Act and Digital Personal Data Protection Act

For jurisdiction-specific inquiries, contact our Data Protection team at privacy@surveyanalytica.com.

19.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. For users in the European Union, nothing in these Terms affects your rights under mandatory consumer protection laws of your country of residence.

19.2 Dispute Resolution

In the event of a dispute arising out of or in connection with these Terms:

• The parties shall first attempt to resolve the dispute amicably through good-faith negotiation for a period of 30 days.
• If negotiation fails, the dispute shall be submitted to mediation under the UNCITRAL Mediation Rules or another mutually agreed mediation framework.
• If mediation fails within 45 days, the dispute shall be resolved by binding arbitration under the UNCITRAL Arbitration Rules. The arbitration shall be conducted by a sole arbitrator. The language of arbitration shall be English. The seat of arbitration shall be New Delhi, India, unless the parties agree otherwise.
• Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

19.3 EU Users

If you are a consumer in the EU, you may also bring proceedings in the courts of your country of residence. You may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

19.4 Class Action Waiver

To the extent permitted by applicable law, all disputes shall be resolved on an individual basis. You waive any right to participate in class action lawsuits or class-wide arbitration. This waiver does not apply where prohibited by the laws of your jurisdiction.

23.1 Entire Agreement

These Terms, together with the Privacy Policy, Data Processing Addendum, and any applicable order form or enterprise agreement, constitute the entire agreement between you and SurveyAnalytica regarding the Platform.

23.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that achieves the original intent to the greatest extent permitted by law.

23.3 Assignment

You may not assign or transfer these Terms without our prior written consent. SurveyAnalytica may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the assignee agrees to be bound by these Terms.

23.4 Waiver

The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that party's right to enforce it in the future.

23.5 Notices

Notices to SurveyAnalytica should be sent to legal@surveyanalytica.com or by mail to: Cosmoneural Private Limited, WeWork DLF Forum, Cybercity, Phase III, Gurugram, Haryana 122002, India. Notices to you will be sent to the email address associated with your account.