Terms of Use – SurveyMethods

These Terms and Conditions of Use are effective from May 21, 2018 for new and existing users. For purposes of this Agreement, "You", "Your", "User", and "Customer" refer to the person reading and accepting these terms and conditions and any entities that person represents. "Service", "Product", "Platform" or "SurveyMethods" refers to all services provided by SurveyMethods.

1. Services Void Where Prohibited

By using SurveyMethods, you represent that you have the right and capacity to enter into this agreement and comply with all relevant local and international laws.

2. Registration

Users must provide accurate registration information, including a valid email address as a unique identifier. The platform operates on a single-user-per-account basis. Paid subscriptions charge monthly unless a yearly package is selected. Users warrant ownership of any credit card data provided and must comply with all applicable laws. Sensitive data should only be entered in designated areas.

3. Cancellations and Refunds

Subscriptions renew monthly with no binding contract. Users may cancel anytime through their account's "My Account" section. Customers who sign up with SurveyMethods through the SurveyMethods Affiliate Program or via a referral will not be entitled for any refunds.

4. Description of Service

The platform enables users to create surveys, distribute via email, post survey links online, collect respondent data, manage email lists, and analyze survey results.

5. Content

Users bear full responsibility for all materials transmitted through the service. SurveyMethods disclaims liability for user-posted content accuracy, integrity, or quality. The company assumes no responsibility for errors, omissions, or losses resulting from user-generated content.

6. No "Spamming"

Users may not use SurveyMethods' services or features for chain letters, junk mails, bulk emails, marketing emails, or other forms of "spamming". Third-party email lists are strictly prohibited. Users must comply with FTC Can-SPAM Laws and applicable regulations. Violations result in immediate account termination and potential legal action.

7. Notices

SurveyMethods may deliver notices via email, website postings, or other reasonable means. Users must provide written notice via email. The company may broadcast service changes, policy updates, or important information through the platform.

8. Email Newsletters

Registered users automatically receive newsletters featuring product updates and promotional material. Users may unsubscribe via newsletter links, but service-related communications regarding account management continue regardless.

9. Privacy Policy

User privacy is governed by SurveyMethods' separate Privacy Policy document regarding data collection, third-party information sharing, and usage practices.

10. Security

Users are solely responsible for password confidentiality and account activity. Users may update account information anytime through "My Account" settings. Users must immediately notify SurveyMethods of unauthorized access or security breaches. In the event of a breach of data at SurveyMethods' data centers, SurveyMethods will promptly notify you.

Users must maintain current, complete, and accurate registration information. The company reserves termination rights if information becomes inaccurate.

11. Abuse of the Services

SurveyMethods reserves the right to terminate accounts for non-compliance with agreement terms.

12. User Conduct

Users must comply with all applicable laws. Prohibited conduct includes illegal activities, network disruption, unauthorized information collection, transmission of unlawful or offensive material, false identity creation, malware distribution, unauthorized system access, and objectionable conduct determined at SurveyMethods' discretion.

13. Indemnification

Users agree to indemnify SurveyMethods, its parent company, subsidiaries, affiliates, and personnel from claims arising from service use, agreement violations, intellectual property infringement, or legal violations by the user or others using their account.

14. Termination

Users may terminate participation immediately without cause anytime. SurveyMethods may terminate services or user access with or without cause, effective immediately. The company bears no liability for termination. Upon termination, user access immediately ceases, and no obligation exists to forward unread messages. All relevant agreement sections survive termination.

15. Links to Third Party Sites

Linked websites operate independently of SurveyMethods and fall outside company control. SurveyMethods disclaims responsibility for linked content, products, or services. Third-party tools used may employ cookies governed by their own policies. Users should review external site policies before visiting.

16. Disclaimer of Warranties

The SurveyMethods Services are provided on an "as is" and "as available" basis. The company disclaims all warranties, whether express or implied, including merchantability and fitness for particular purposes. SurveyMethods makes no guarantees regarding service interruption prevention, timeliness, security, error-freedom, or results. Users bear responsibility for computer system damage or data loss from downloads. No warranties exist regarding third-party transactions or goods. Some jurisdictions prohibit warranty exclusions, potentially limiting these disclaimers.

17. Limitations of Liability

SurveyMethods assumes no liability for indirect, incidental, special, or consequential damages, including profit loss, data loss, procurement costs, or unauthorized account access. The company bears no responsibility for third-party conduct, harassment, defamation, or intellectual property violations by other users. Users waive claims and discharge SurveyMethods from liability related to platform use. Some jurisdictions restrict liability limitations, potentially affecting enforceability.

18. General Provisions

The agreement is governed by Maricopa County, Arizona district court law, United States. Users submit to exclusive jurisdiction in that venue. If any provision of this agreement is found to be invalid, the remaining provisions shall continue in full force and effect. This agreement constitutes the entire understanding between the parties regarding the subject matter hereof.

If you have any questions about these Terms of Use, please contact us at smsupport@surveymethods.net.