Terms of Service

1. Who we are

The Service is provided by:
Legal name: TBC CREATIVE SERVICES & CONSULTANCY LTD
Registration: Registrar of Companies for England and Wales (Companies House) no. 14132886
Registered office: 8 Stable Path, Princess Marina Drive, Arborfield, Reading, Berkshire, RG2 9RZ, United Kingdom
Support: support@getsurvai.com
Privacy: privacy@getsurvai.com

2. Acceptance and business use

• The Service is intended for businesses and other organizations, not for consumers. By accepting these Terms you confirm that you are using the Service for purposes relating to your trade, business, craft or profession, and that you are authorized to bind the organization you represent.
• If you and we sign a separate order form or agreement (for example, for an Enterprise plan), that document prevails over these Terms where they conflict.
• These Terms, the Refund Policy and any order form make up the entire agreement between you and us about the Service.

3. Accounts and eligibility

• You must be at least 18 years old and able to enter into a binding contract to create an account.
• Provide accurate account and billing information and keep it up to date.
• You are responsible for the users you invite to your organization, for their roles and permissions, and for all activity under your account. Keep sign-in credentials confidential and tell us promptly at support@getsurvai.com if you suspect unauthorized access.

4. Plans, limits and fair use

The plans, their features and their usage limits (for example, the number of users, monthly responses, AI quota and storage) are described on our pricing page and in the app. If you reach a limit, you can upgrade your plan or buy an add-on; otherwise the related feature may be restricted until the next billing period. Usage must be reasonable for the plan you have chosen: we may contact you, and if necessary restrict usage, where an account places an unusual load on the Service or uses it in a way that undermines its fair use by others.

5. Fees, billing and Paddle

Our order process is conducted by our online reseller Paddle.com Market Limited (“Paddle”). Paddle is the Merchant of Record for all our orders: your purchase and payment contract is with Paddle, and Paddle’s Buyer Terms apply to it. Paddle processes payments, issues invoices and receipts, calculates and collects applicable taxes, and handles refunds and payment-related questions.

• Prices and taxes. Prices are stated in US dollars and exclude VAT, sales tax and other applicable taxes, which Paddle adds at checkout according to your location.
• Billing period. Paid plans are billed in advance, annually or monthly as you choose at checkout; the monthly price per period is higher than the annual price, as shown on the pricing page.
• Automatic renewal. Subscriptions renew automatically for the same billing period at the price then in effect, and Paddle charges your payment method on each renewal date, unless you cancel before the end of the current period.
• Cancellation. You can cancel at any time in the app’s billing settings or through Paddle. Cancellation takes effect at the end of the current billing period; you keep access to your paid plan until then and the account then moves to the Free plan.
• Upgrades and downgrades. Upgrades take effect immediately and Paddle charges the prorated difference for the rest of the period. Downgrades take effect at the next renewal.
• Price changes. We will tell you about any change to the price of your subscription at least 30 days before it takes effect. The new price applies from your next renewal; if you don’t agree, you can cancel before that renewal.
• Failed payments. If a payment fails, Paddle may retry it. If the amount remains unpaid 14 days after we notify you, we may move the account to the Free plan or suspend paid features.
• Refunds. Refunds are governed by our Refund Policy and are processed by Paddle.

6. Free plan

The Free plan is provided free of charge with the limits shown on the pricing page. We may change the features or limits of the Free plan, or discontinue it, with at least 30 days notice. Sections 16 and 17 apply to the Free plan in full.

7. Customer data and privacy

• “Customer Data” means the content you and your users put into the Service, including surveys, participant lists, responses and uploaded files. You keep all rights in Customer Data.
• For personal data contained in Customer Data, you are the controller and we act as your processor, processing it only on your documented instructions to provide the Service. Our data processing terms under Article 28 of the UK GDPR and EU GDPR are available on request at privacy@getsurvai.com.
• Customer Data is hosted in the European Union, in Microsoft Azure’s Sweden Central region.
• We process personal data about account users (for example, names, email addresses and sign-in records) as a controller, as described in our Privacy Notice.
• We may use technical and usage information about the operation of the Service (not the content of surveys or responses) to maintain, secure and improve the Service.

8. Your responsibilities towards survey participants

As the controller of participants’ personal data, you are responsible for:

• having a lawful basis for collecting and using participants’ personal data, and giving participants the information required by data protection law (the survey welcome screen and consent tools help you do this, but you decide their content);
• obtaining consent where the law requires it, including before sending survey invitations by email or SMS where electronic marketing or communications rules apply;
• collecting special category data (for example, health data) or data about children only where the law allows it and with the safeguards it requires;
• responding to requests from participants exercising their data protection rights; the Service provides tools to find, export and delete participant data.

9. Acceptable use

You must not, and must not allow anyone else to, use the Service to:

• send spam or unsolicited bulk messages, or send invitations to people who have not agreed to be contacted where consent is required;
• carry out phishing, collect passwords, payment card details or other credentials, or impersonate another person or organization;
• collect personal data unlawfully, or collect data that you are not entitled to process;
• publish or collect content that is unlawful, defamatory, harassing, discriminatory or infringes the rights of others;
• distribute malware, probe or test the security of the Service without our written permission, or interfere with its operation;
• circumvent usage limits, reverse engineer the Service except where the law allows it, or resell the Service without our written agreement.

Survey participants must be able to rely on the information you give them: do not mislead them about who is collecting their responses, for what purpose, or whether a survey is anonymous.

10. AI features

• AI features (for example, drafting questions, translation, sentiment and theme analysis, and answering questions about results) are optional; they can be turned off per organization and are subject to a monthly quota.
• AI features use the Microsoft Azure OpenAI Service with an EU Data Zone deployment. Microsoft commits not to use customer data sent to this service to train models. We do not use Customer Data to train AI models.
• AI outputs are generated automatically and may be inaccurate, incomplete or inappropriate for your purpose. Review outputs before relying on or publishing them; they are not professional, legal or HR advice. You are responsible for the decisions you make using them.

11. Intellectual property and licence

• We and our licensors own the Service, including its software, design and documentation. Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable right, for the term of your subscription, to use the Service for your organization’s internal business purposes.
• You grant us a worldwide, non-exclusive licence to host, copy, process and display Customer Data only as needed to provide, secure and support the Service.
• You may use and adapt the survey templates provided in the Service for your own surveys. Third-party content offered in the Service, such as stock images from Unsplash, is subject to its own licence terms.
• If you send us feedback or suggestions, we may use them without obligation to you.

12. Availability and support

We use reasonable efforts to keep the Service available and secure, but it may be interrupted for maintenance, updates or reasons beyond our control. No service level agreement (SLA) or uptime commitment applies unless one is agreed in a signed Enterprise agreement. Support is provided through the channels described for your plan on the pricing page.

13. Confidentiality

Each party will keep confidential the non-public information it receives from the other party in connection with the Service, use it only to perform these Terms and protect it with at least reasonable care. This does not apply to information that is or becomes public through no fault of the receiving party, was already lawfully known to it, or must be disclosed by law.

14. Suspension and termination

• You can stop using the Service at any time: cancel your paid subscription (section 5) or ask us to close your organization’s account.
• We may suspend access, in whole or in part, if you breach section 9, if your use poses a security risk to the Service or others, if fees remain unpaid as described in section 5, or if the law requires it. Where practicable, we will notify you in advance and restore access once the issue is resolved.
• Either party may terminate these Terms by notice if the other party materially breaches them and does not remedy the breach within 30 days of being notified.
• We may also end the Service for you, or discontinue the Service, with at least 30 days notice; in that case we refund, through Paddle, the fees you have prepaid for the period after termination.

15. Data export and deletion after termination

You can export Customer Data (for example, responses as CSV or XLSX) at any time while your account is active. After your subscription ends or your organization is closed, the account remains available for export for 30 days. We then delete Customer Data from the Service within a further 30 days, unless we are required by law to keep it. Copies in backups are removed when the backups expire, which currently takes up to 35 days.

16. Disclaimer of warranties

To the extent permitted by law, the Service is provided “as is” and “as available”. We do not warrant that it will be uninterrupted or error-free, or that it will meet your specific requirements, and we exclude all implied warranties and conditions, including those of satisfactory quality and fitness for a particular purpose.

17. Limitation of liability

• Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.
• Neither party is liable for loss of profits, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss, however arising.
• Subject to the above, each party’s total liability arising out of or in connection with these Terms in any 12-month period is limited to the fees you paid for the Service in the 12 months before the event giving rise to the claim; for accounts that have paid no fees, it is limited to USD 100. This limit does not apply to your payment obligations or to your obligations under section 18.

18. Indemnity

You will defend and indemnify us against claims by third parties (including survey participants and regulators) arising from Customer Data, from your breach of sections 8 or 9, or from your use of the Service in breach of the law, and you will pay the resulting losses, damages and reasonable costs, provided that we notify you promptly of the claim and allow you to control its defence.

19. Changes to these Terms

We may update these Terms. We will notify account owners of material changes by email or in the app at least 30 days before they take effect; the date at the top of this page shows the latest version. If you continue to use the Service after a change takes effect, the updated Terms apply; if you don’t agree, you can cancel before then.

20. General

• Neither party is liable for delays or failures caused by events beyond its reasonable control.
• You may not assign these Terms without our written consent; we may assign them to a group company or to a successor of our business, with notice to you.
• If any provision is found invalid or unenforceable, the remaining provisions remain in effect. A failure to enforce a right is not a waiver of it.
• No one other than you and us has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
• These Terms are written in English; translations are provided for convenience and the English version prevails.

21. Governing law and jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.

22. Contact

Questions about these Terms: support@getsurvai.com or TBC CREATIVE SERVICES & CONSULTANCY LTD, 8 Stable Path, Princess Marina Drive, Arborfield, Reading, Berkshire, RG2 9RZ, United Kingdom. Questions about payments, invoices and refunds can also be sent to Paddle at paddle.net.