Terms of Service

1. Agreement to Terms

Surveya Pty Ltd (ABN: [ABN Number]) ("Surveya", "we", "us", or "our") operates from Melbourne, Victoria, Australia. These Terms constitute a legally binding agreement between you and Surveya.

By creating an account, accessing, or using our survey platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use our services.

2. Definitions

• "Service" refers to Surveya's survey creation, distribution, analytics, and reporting platform
• "User" means any individual or entity that accesses or uses the Service
• "Account" means your registered account with Surveya
• "Content" includes surveys, questions, responses, reports, and all data uploaded to the platform
• "Subscription" means your paid plan or free trial access to the Service
• "Enterprise Client" means organizations with Enterprise-level subscriptions

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring account information is accurate and up-to-date

4. Use of Service

4.1 Permitted Use

You may use the Service to:

• Create, distribute, and analyze surveys
• Generate reports and insights
• Manage survey responses and respondent data
• Integrate with third-party systems via API (where available)

4.2 Prohibited Activities

You must not:

• Violate any applicable laws or regulations
• Infringe intellectual property rights
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service or other accounts
• Interfere with or disrupt the Service or servers
• Use the Service for spam, harassment, or illegal activities
• Collect personal information without proper consent
• Reverse engineer, decompile, or extract source code
• Resell or redistribute the Service without authorization
• Use automated systems to access the Service (except via official API)

5. Content and Intellectual Property

5.1 Your Content

You retain ownership of all Content you upload to the Service. By uploading Content, you grant Surveya a worldwide, non-exclusive, royalty-free license to:

• Store, process, and display your Content to provide the Service
• Create backups and ensure data availability
• Generate reports and analytics
• Comply with legal obligations

5.2 Surveya Intellectual Property

The Service, including its design, features, functionality, and underlying technology, is owned by Surveya and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or create derivative works without our written permission.

5.3 Third-Party Content

The Service may include third-party content, services, or integrations. We are not responsible for third-party content, and your use of such content is subject to their respective terms.

6. Data Privacy and Protection

6.1 Data Processing

Surveya acts as a data processor for survey response data collected on behalf of our clients. We process data in accordance with:

• Our Privacy Policy
• Data Processing Agreements (for Enterprise Clients)
• Australian Privacy Principles (APPs)
• GDPR requirements (where applicable)
• Other applicable data protection laws

6.2 Data Controller Responsibilities

As a survey creator, you are the data controller for survey responses. You are responsible for:

• Obtaining proper consent from respondents
• Providing privacy notices and disclosures
• Complying with applicable data protection laws
• Responding to data subject requests
• Ensuring data accuracy and security

6.3 Data Security

We implement industry-standard security measures to protect data. However, you are responsible for:

• Maintaining secure account credentials
• Configuring appropriate access controls
• Ensuring secure transmission of survey links
• Complying with your organization's data security policies

6.4 Data Breach Notification

In the event of a data breach affecting your data, we will notify you as required by law and our agreements. Enterprise clients will be notified in accordance with their Data Processing Agreement.

7. Subscriptions and Payment

7.1 Subscription Plans

We offer various subscription plans with different features and usage limits. Plan details, pricing, and features are available on our pricing page and may change with notice.

7.2 Free Trials

Free trials are subject to these Terms. At the end of the trial period, your account will convert to a paid subscription unless cancelled.

7.3 Payment Terms

Subscription fees are billed in advance on a monthly or annual basis. All fees are in Australian Dollars (AUD) unless otherwise specified. You authorize us to charge your payment method automatically.

7.4 Usage Limits and Rollover

Subscription plans include usage limits (e.g., completed surveys, AI queries). Unused usage may roll over for up to 12 months as specified in your plan. Additional usage beyond limits incurs overage charges at rates specified in your plan.

7.5 Refunds and Cancellations

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. Refunds are provided in accordance with Australian Consumer Law and our refund policy. Enterprise clients may have different cancellation terms as specified in their agreement.

8. Service Availability and Modifications

We strive to maintain high service availability but do not guarantee uninterrupted access. We may:

• Perform scheduled maintenance with advance notice
• Modify, suspend, or discontinue features
• Update the Service to improve functionality
• Address security issues or legal requirements

We will provide reasonable notice of material changes that may affect your use of the Service.

9. API Access and Integrations

API access is available to Enterprise clients and may be subject to:

• Separate API terms and documentation
• Rate limits and usage restrictions
• Authentication and security requirements
• Prohibitions on resale or redistribution

Unauthorized API access or abuse may result in immediate termination of access.

10. Warranties and Disclaimers

10.1 Service Warranty

We provide the Service "as is" and "as available". We do not warrant that the Service will be error-free, uninterrupted, or meet your specific requirements.

10.2 Disclaimers

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law (ACL). If the ACL applies, our liability is limited to the maximum extent permitted.

11. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability is limited to the amount you paid us in the 12 months preceding the claim
• We are not liable for indirect, consequential, or special damages
• We are not liable for loss of data, profits, or business opportunities
• We are not liable for third-party actions or content

These limitations do not apply to liability that cannot be excluded under Australian Consumer Law.

12. Indemnification

You agree to indemnify and hold Surveya harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your Content or conduct
• Violation of these Terms or applicable laws
• Infringement of third-party rights
• Your failure to comply with data protection obligations

13. Termination

13.1 Termination by You

You may terminate your account at any time by cancelling your subscription or contacting support. Upon termination, your access will cease at the end of the billing period.

13.2 Termination by Us

We may suspend or terminate your account immediately if:

• You breach these Terms
• You fail to pay fees when due
• You engage in fraudulent or illegal activity
• Required by law or legal process
• You pose a security risk to the Service

13.3 Effect of Termination

Upon termination:

• Your access to the Service will cease
• You may export your data for a limited period (typically 30 days)
• We may delete your Content after the export period
• Provisions that by their nature should survive will continue

14. Enterprise Terms

Enterprise clients may have additional terms specified in:

• Master Service Agreements (MSAs)
• Data Processing Agreements (DPAs)
• Service Level Agreements (SLAs)
• Custom pricing and payment terms
• Dedicated support arrangements

In case of conflict, enterprise agreements take precedence over these Terms.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.

15.2 Dispute Process

Before initiating legal proceedings, parties agree to:

• Notify the other party in writing of the dispute
• Attempt good faith negotiation for 30 days
• Consider mediation if negotiation fails

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any enterprise agreements, constitute the entire agreement between you and Surveya.

16.2 Modifications

We may modify these Terms at any time. Material changes will be notified via email or platform notice. Continued use after changes constitutes acceptance.

16.3 Severability

If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remainder will remain in effect.

16.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.5 Waiver

Failure to enforce any provision does not constitute a waiver. Waivers must be in writing and signed.

16.6 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, or internet failures.

17. Contact Information

For questions about these Terms, please contact us: