21-090.00 Survey Monkey: Survey Software 2(- oRa
Marci Patterson
From: SurveyMonkey <surveymonkey@t.outbound.surveymonkey.com>
Sent: Tuesday, May 25, 2021 12:04 PM
To: Marci Patterson
Subject: Payment due for your account
'NU — Keep accesss to data and paid features
Don't let your plan expire!
Thanks for using SurveyMonkey. It's time to renew you Professional Subscription plan. Please make a payment
before your renewal date to keep access to all the great features you have today:
• Create and send surveys with unlimited questions
• Save advanced reports and export results
• Customize the look and feel of surveys with themes and logic
• Keep access to you plan's current response limit and data
Payment methods and instructions are on your invoice. To complete payment today,
s ay the invoice by credit or debit card.
PAYMENT DUE
Your Plan: Professional Subscription
II
Payment Amount: $418.18
Renewal Date: May 10,2021
Pay invoice >r
If you don't make a payment,your account will downgrade.On a free basic plan,response that exceeded the response limit may be
deleted in accordance with our data retention policy.
BILLING DETAILS
Billing Name: Marci Patterson
Billing Address: 10210 E Sprague Ave
Spokane, US-WA 99206
Billing Email Address: mpatterson@spokanevalley.org
1
Terms of Use
These terms apply to services purchased on SurveyMonkey's websites. For terms applicable
to services offered through SurveyMonkey's enterprise sales team, please see our Governing
Services Agreement(https://www.surveymonkey.com/mp/legal/msa/).
LAST UPDATED: MARCH 30, 2021
Introduction
Thanks for using SurveyMonkey's products, services, websites, and apps which are branded as
"SurveyMonkey", "Wufoo" or "GetFeedback" (collectively the "Service(s)").
These Terms of Use ("TOU") contain the terms under which SurveyMonkey and its affiliates
provide their Services to you and describe how the Services may be accessed and used. These
TOU do not apply to Services which are available solely through our sales
(https://www.surveymonkey.com/enterprise/?form autoload=&ut source=pricing_page&ut source2=terms-of-
use&ut_source3=inline) channel.
SurveyMonkey provides a variety of different services. Additional service-specific terms and
policies (https://www.surveymonkey.com/mp/Legal/which-terms-apply/) (including rules and guidelines) apply
to some Services ("Additional Terms"). Those Additional Terms become a part of your
agreement with us if you use those Services. For example, if you use our survey services, the
Survey Platform Terms of Service(https://www.surveymonkey.com/mp/legal/survey-platform-terms-of-service/)
apply.
You can view a full list of Additional Terms in our Legal Center
(https://www.surveymonkey.com/mp/legal/). We refer to the combination of these TOU and any applicable
Additional Terms collectively as these "Terms."
You indicate your agreement to these Terms by clicking or tapping on a button indicating your
acceptance of these Terms, by executing a document that references them, or by using the
Services.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf
of that organization and you represent that you have the authority to do so. In such case, "you"
and "your" will refer to that organization.
Certain country-specific terms in Section 15.4 may apply to you if you are located outside the
United States.
1. Fees and Payments
1.1. Fees for Services.
You agree to pay to SurveyMonkey any fees for each Service you purchase or use (including any
overage fees), in accordance with the pricing and payment terms presented to you for that
Service. Where applicable, you will be billed using the billing method you select through your
account management page. If you have elected to pay the fees by credit card, you represent and
warrant that the credit card information you provide is correct and you will promptly notify
SurveyMonkey of any changes to such information. Fees paid by you are non-refundable, except
as provided in these Terms or when required by law.
1.2. Subscriptions.
Some of our Services are billed on a subscription basis (we call these "Subscriptions"). This
means that you will be billed in advance on a recurring, periodic basis (each period is called a
"billing cycle"). Billing cycles are typically monthly or annual, depending on what subscription
plan you select when purchasing a Subscription. Your Subscription will automatically renew at
the end of each billing cycle unless you cancel auto-renewal through your online account
management page, or by contacting our customer support team (https://help.surveymonkey.com/?l=en).
While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any
time, in which case your Subscription will continue until the end of that billing cycle before
terminating. You may cancel auto-renewal on your Subscription immediately after the
Subscription starts if you do not want it to renew.
1.3. Taxes.
Our prices listed do not include any taxes, levies, duties or similar governmental assessments of
any nature such as value-added, sales, use or withholding taxes, assessable by any jurisdiction
(collectively, "Taxes") unless otherwise indicated. You are responsible for paying Taxes
associated with your purchase and keeping your billing information up to date.
(a) United States Sales Tax. If we have a legal obligation to pay or collect sales tax for
which you are responsible, we will calculate the sales tax based upon the billing
information we have about you and charge you that amount (which, if your billing
information is incomplete or inaccurate, may be the highest prevailing rate then in effect),
unless you timely provide us with a valid tax exemption certificate acceptable to the
appropriate taxing authority.
• To be timely, you must provide us with a tax exemption certificate before your
initial purchase or upgrade, or, if you miss that mark, within 90 days after such
purchase or upgrade, unless your billing information is in Alabama, Louisiana,
Maine, Massachusetts, Pennsylvania, or South Carolina in which case within 60
days; or if in Hawaii, Mississippi, or New Mexico within 45 days.
• If you provide us with a tax exemption certificate, you represent and warrant
that it accurately reflects your tax status and that you will keep such document
current and accurate.
• If we subsequently determine in our sole discretion that your tax exemption
document is valid, we will refund the sales tax collected based on applicable
state tax laws.
(b) Non-United States Sales Tax. If applicable, we will charge you VAT, GST or any other
sales, consumption or use taxes that arise in connection with your purchases of
SurveyMonkey products unless you provide us with a tax identification number that
entitles you to an exemption, a valid tax exemption certificate or other documentary proof
issued by an appropriate taxing authority that tax should not be charged. If you are Located
in a jurisdiction with multiple sales, consumption or use taxes, we may charge you the
highest prevailing rate if your billing information is incomplete or inaccurate.
If you are required by law to withhold any Taxes from your payments to SurveyMonkey, you must
provide SurveyMonkey with an official tax receipt or other appropriate documentation to support
such payments.
1.4. Price Changes.
SurveyMonkey may change the fees charged to you for the Services at any time, provided that,
for Services billed on a subscription basis, the change will become effective only at the end of
the then-current billing cycle of your Subscription. SurveyMonkey will provide you with advance
notice of any change in fees.
1.5. Overage Fees.
Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees
which remain unpaid for 30 days after being billed are considered overdue. Failure to pay
overage fees when due may result in the applicable Service being limited, suspended, or
terminated (subject to applicable legal requirements), which may result in a loss of your data
associated with that Service.
2. Privacy
2.1. Privacy.
In the course of using the Services, you may submit content to SurveyMonkey (including your
personal data and the personal data of others) or third parties may submit content to you
through the Services (all of the above will be referred to as your "Content"). We know that by
giving us your Content, you are trusting us to treat it appropriately. SurveyMonkey's Privacy
Notice (https://www.surveymonkey.com/mp/legat/privacy/?ut_source=legal&ut_source2=terms-of-
use&ut_source3=intine), together with any Service-specific privacy notices or statements
(collectively, "SurveyMonkey privacy policies"), detail how we treat your Content and we agree
to adhere to those SurveyMonkey privacy policies. You in turn agree that SurveyMonkey may use
and share your Content in accordance with the SurveyMonkey privacy policies and applicable
data protection laws. If you are a customer who is operating as "data controller" as defined in
the European General Data Protection Regulation 2016/679 ("GDPR") we have added some
additional terms below in Section EU2 to address your obligations under this law. You also agree
that you are responsible for notifying these third parties who submit content to you through our
Services about the SurveyMonkey privacy policies.
2.2. Confidentiality.
SurveyMonkey will treat your Content as confidential information and only use and disclose it in
accordance with these Terms (including the SurveyMonkey privacy policies). However, your
Content is not regarded as confidential information if such Content: (a) is or becomes public
(other than through breach of these Terms by SurveyMonkey); (b) was lawfully known to
SurveyMonkey before receiving it from you; (c) is received by SurveyMonkey from a third party
without knowledge of breach of any obligation owed to you; (d) is shared in the context of your
account being migrated to an organization's Enterprise account, if your account is registered
using a work email address within that organization; or (e) was independently developed by
SurveyMonkey without reference to your Content. SurveyMonkey may disclose your Content
when required by law or legal process, but only after SurveyMonkey, if permitted by law, uses
commercially reasonable efforts to notify you to give you the opportunity to challenge the
requirement to disclose.
2.3. Security.
SurveyMonkey will store and process your Content in a manner consistent with industry security
standards. SurveyMonkey has implemented appropriate technical, organizational, and
administrative systems, policies, and procedures designed to help ensure the security, integrity,
and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of
your Content.
If SurveyMonkey becomes aware of any unauthorized or unlawful access to, or acquisition,
alteration, use, disclosure, or destruction of, personal data related to your account ("Security
Incident"), SurveyMonkey will take reasonable steps to notify you without undue delay, but in
any event within 72 hours of becoming aware of the Security Incident. SurveyMonkey will also
reasonably cooperate with you with respect to any investigations relating to a Security Incident
with preparing any required notices, and provide any other information reasonably requested by
you in relation to any Security Incident, where such information is not already available to you in
your account or online through updates provided by SurveyMonkey.
3. Your Content
3.1. You Retain Ownership of Your Content.
You retain ownership of all of your intellectual property rights in your Content. SurveyMonkey
does not claim ownership over any of your Content. These Terms do not grant us any licenses or
rights to your Content except for the limited rights needed for us to provide the Services, and as
otherwise described in these Terms.
3.2. Limited License to Your Content.
You grant SurveyMonkey a worldwide, royalty free license to use, reproduce, distribute, modify,
adapt, create derivative works, make publicly available, and otherwise exploit your Content, but
only for the limited purposes of providing the Services to you and as otherwise permitted by the
SurveyMonkey privacy policies. This license for such limited purposes continues even after you
stop using our Services, with respect to aggregate and de-identified data derived from your
Content and any residual backup copies of your Content made in the ordinary course of
SurveyMonkey's business. This License also extends to any trusted third parties we work with to
the extent necessary to provide the Services to you. If you provide SurveyMonkey with feedback
about the Services, we may use your feedback without any obligation to you.
3.3. Representations and Warranties
You represent and warrant that: (a) you own or control the appropriate rights in and to your
Content, including any intellectual property owned by third parties; and (b) you will not submit,
upload, or otherwise make available via the Services, any Content or materials that (i) you do not
have the rights necessary to use, transmit, publish, or to grant us the license as described
herein; or (ii) infringe, misappropriate, or otherwise violate any intellectual property, publicity or
other rights of any third party.
3.4 Customer Lists.
SurveyMonkey may identify you by name and logo as a customer of the Services on our websites
and on other promotional materials. Any goodwill arising from the use of your name and logo will
inure to your benefit.
3.5. Copyright Claims (DCMA Notices).
SurveyMonkey Inc. responds to notices of alleged copyright infringement in accordance with the
U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in
a way that constitutes copyright infringement, you may notify SurveyMonkey's agent for claims
of copyright infringement(https://heLp.surveymonkey.com/articles/en_US/kb/Who-is-your-designated-DMCA-
agent).
3.6. Other IP Claims.
SurveyMonkey respects the intellectual property rights of others, and we expect our users to do
the same. If you believe a SurveyMonkey user is infringing upon your intellectual property rights,
you may report it through our online form (https://smforms.wufoo.com/forms/contact-surveymonkey-abuse/).
Claims of copyright infringement should follow the DMCA process outlined in these Terms, or any
equivalent process available under local law.
4. SurveyMonkey IP
4.1. SurveyMonkey IP.
Neither these Terms nor your use of the Services grants you ownership in the Services or the
content you access through the Services (other than your Content). Except as permitted by
SurveyMonkey's Brand and Trademark Use Policy(https://www.surveymonkey.com/mp/brandassets/),
these Terms do not grant you any right to use SurveyMonkey's trademarks or other brand
elements.
If you submit any feedback or suggestions to us regarding our Services, we may use and share
them for any purpose without any compensation or obligation to you.
5. User Content
5.1. User Content.
The Services display content provided by others that is not owned by SurveyMonkey. Such
content is the sole responsibility of the entity that makes it available. Correspondingly, you are
responsible for your own Content and you must ensure that you have all the rights and
permissions needed to use that Content in connection with the Services. SurveyMonkey is not
responsible for any actions you take with respect to your Content, including sharing it publicly.
Under no circumstances will SurveyMonkey be liable for any Content, any other third-party
content or materials, or any loss or damage resulting from your use of, or reliance on, such
Content or other third-party content or materials. Please do not use content from the Services
unless you have first obtained the permission of its owner, or are otherwise authorized by law to
do so.
5.2. Content Review.
You acknowledge that, in order to ensure compliance with legal obligations, SurveyMonkey may
be required to review certain content submitted to the Services to determine whether it is illegal
or whether it violates these Terms (such as when unlawful content is reported to us). We may
also modify, prevent access to, delete, or refuse to display content that we believe violates the
law or these Terms. In the event your Content includes third-party brands, logos or other source
identifiers, we may require you to submit a statement of non-affiliation before you may use such
Content in connection with the Services. However, SurveyMonkey otherwise has no obligation to
monitor or review any content submitted to the Services.
5.3. Third Party Resources.
SurveyMonkey may publish links in its Services to internet websites maintained by third parties.
SurveyMonkey does not represent that it has reviewed such third party websites and is not
responsible for them or any content appearing on them. Trademarks displayed in conjunction
with the Services are the property of their respective owners.
6. Account Management
6.1. Keep Your Password Secure.
If you have been issued an account by SurveyMonkey in connection with your use of the Services,
you are responsible for safeguarding your password and any other credentials used to access
that account. You, and not SurveyMonkey, are responsible for any activity occurring in your
account (other than activity that SurveyMonkey is directly responsible for which is not
performed in accordance with your instructions), whether or not you authorized that activity. If
you become aware of any unauthorized access to your account, you should notify SurveyMonkey
immediately. Accounts may not be shared and may only be used by one individual per account.
6.2. Keep Your Details Accurate.
SurveyMonkey occasionally sends notices to the email address registered with your account. You
must keep your email address and, where applicable, your contact details and payment details
associated with your account current and accurate.
6.3. Remember to Backup.
You are responsible for maintaining, protecting, and making backups of your Content. To the
extent permitted by applicable law, SurveyMonkey will not be liable for any failure to store, or for
loss or corruption of, your Content.
6.4. Account Inactivity.
SurveyMonkey may terminate your account and delete any Content contained in it if there is no
account activity (such as a log in event or payment) for over 12 months. However, we will attempt
to warn you by email before terminating your account to provide you with an opportunity to log
in to your account so that it remains active.
6.5. Customer Success.
SurveyMonkey may assign you a customer success manager ("CSM"). The CSM may review your
use of the Services and your Content to help you to more effectively use the Services, including
by providing reporting and usage insight.
7. User Requirements
7.1. Legal Status.
If you are an individual, you may only use the Services if you have the power to form a contract
with SurveyMonkey. If you do not have the power to form a contract, you may not use the
Services. If you are not an individual, you warrant that you are validly formed and existing under
the laws of your jurisdiction of formation, that you have full power and authority to enter into
these Terms, and that you have duly authorized your agent to bind you to these Terms.
7.2. Minors.
"Minors" are individuals under the age of 13 (or a higher age as provided in certain countries and
territories). None of the Services are intended for use by Minors. If you are a Minor in your place
of residence, you may not use the Services. By using the Services, you represent and warrant that
you are not a Minor.
7.3. Embargoes.
You may only use the Services if you are not barred under any applicable laws from doing so. If
you are located in a country embargoed by United States or other applicable law from receiving
the Services, or are on the U.S. Department of Commerce's Denied Persons List or Entity List, or
the U.S. Treasury Department's list of Specially Designated Nationals, you are not permitted to
purchase any paid Services from SurveyMonkey. You will ensure that: (a) your end users do not
use the Services in violation of any export restriction or embargo by the United States; and (b)
you do not provide access to the Services to persons or entities on any of the above lists.
8. Acceptable Uses
8.1. Legal Compliance.
You represent and warrant that you will comply with all laws and regulations applicable to your
use of the Services.
8.2. Acceptable Uses Policy.
You agree to comply with the Acceptable Uses Policy(https://www.surveymonkey.com/mp/legal/acceptable-
uses-policy/?ut_source=legal&ut source2=terms-of-use&ut source3=inline).
9. PCI Compliance
9.1. PCI Standards.
If you use the Services to accept payment card transactions, you must comply with the Payment
Card Industry Data Security Standards (PCI-DSS) to the extent they are applicable to your
business (the "PCI Standards"). SurveyMonkey provides tools to simplify your compliance with
the PCI Standards, but you must ensure that your business is compliant and the specific steps
you will need to take to comply with the PCI Standards will depend on your implementation of
the Services.
9.2. Cardholder Data.
SurveyMonkey is responsible for the security of Cardholder Data that is collected, transmitted,
stored, or processed by us on your behalf. "Cardholder Data" is defined as a cardholder's
primary account number, and where a full unmasked card number is present, any of the
cardholder name, expiration date, and/or service code. SurveyMonkey has developed strict
security features to protect Cardholder Data, and as such this data may only be used in
anticipated ways and stored in appropriate places. YOU ACKNOWLEDGE AND AGREE THAT YOU
ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR
DATA ENTRY FIELDS IN THE SERVICES, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR
THAT PURPOSE (i.e. where SurveyMonkey explicitly enables such data to be entered into such
fields). Appropriate fields are clearly marked with labels such as 'Card number' or by having a
credit card icon precede them. Similarly, excluding payment forms, you must never collect or
enter any "Sensitive Authentication Data", as defined by the PCI Standards (including CVC or
CVV2) into any fields in the Services. You assume all responsibility for any Cardholder Data
entered into the Services in violation of these terms.
10. Suspension and Termination of Services
10.1. By You.
You can terminate your Subscription and delete your account at any time through your account
management page. Such termination and deletion will result in the deactivation or disablement
of your account and access to it, and the deletion of content you collected through use of the
Services. Terminations are confirmed immediately and you will not be charged again for that
Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a
billing cycle, you will not receive a refund unless you are terminating these Terms for any of the
following reasons: (a) we have materially breached these Terms and failed to cure that breach
within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in
our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund
where you have used our Services, collected responses, and/or downloaded your responses
unless the termination is due to our material, uncured breach or a refund is required by law.
10.2. By SurveyMonkey.
SurveyMonkey may terminate your Subscription at the end of a billing cycle by providing at least
30 days' prior written notice to you. SurveyMonkey may terminate your Subscription for any
reason by providing at least 90 days' written notice to you and will provide a pro rata refund for
any period of time you did not use in that billing cycle. SurveyMonkey may suspend performance
or terminate your Subscription for any of the following reasons: (a) you have materially breached
these Terms and failed to cure that breach within 30 days after SurveyMonkey has so notified
you in writing; (b) you cease your business operations or become subject to insolvency
proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for
30 days past the due date. Additionally, SurveyMonkey may limit, suspend, or terminate the
Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that
causes legal liability to us or disrupts others' use of the Services; or (iii) if we are investigating
suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive,
depending upon the reason, we will endeavor to give you advance notice and an opportunity to
obtain a copy of your Content from that Service. However, there may be time sensitive situations
where SurveyMonkey may decide that we need to take immediate action without notice.
SurveyMonkey will use commercially reasonable efforts to narrow the scope and duration of any
limitation or suspension under this Section as is needed to resolve the issue that prompted such
action. SurveyMonkey has no obligation to retain your Content upon termination of the
applicable Service.
10.3. Further Measures.
If SurveyMonkey stops providing the Services to you because you repeatedly or egregiously
breach these Terms, SurveyMonkey may take measures to prevent the further use of the Services
by you, including blocking your IP address.
11. Changes and Updates
11.1. Changes to Terms.
SurveyMonkey may change these Terms at any time for a variety of reasons, such as to reflect
changes in applicable law or updates to Services, and to account for new Services or
functionality. The most current version will always be posted on the SurveyMonkey website. If an
amendment is material, as determined in SurveyMonkey's sole discretion, SurveyMonkey will
notify you by email. Notice of amendments may also be posted to SurveyMonkey's blog or upon
your login to your account. Changes will be effective no sooner than the day they are publicly
posted. In order for certain changes to become effective, applicable law may require
SurveyMonkey to obtain your consent to such changes, or to provide you with sufficient advance
notice of them. If you do not want to agree to any changes made to the terms for a Service, you
should stop using that Service, because by continuing to use the Services you indicate your
agreement to be bound by the updated terms.
11.2. Changes to Services.
SurveyMonkey constantly changes and improves the Services. SurveyMonkey may add, alter, or
remove functionality from a Service it provides to you at any time without prior notice.
SurveyMonkey may also limit, suspend, or discontinue a Service provided to you at its discretion.
If SurveyMonkey discontinues a Service, we will give you reasonable advance notice to provide
you with an opportunity to obtain a copy of your Content from that Service. SurveyMonkey may
remove content from the Services it provides you at any time in our sole discretion, although we
will endeavor to notify you before we do that if it materially impacts you and if practicable under
the circumstances.
11.3. Downgrades.
Downgrading your account plan may cause the loss of content, features, functionality, or
capacity of your account.
11.4 Basic (Free) Plan Response Limits
Any responses over your Basic (free) plan's response limits will not be viewable, and each
response over the limit will be deleted 60 days after it is received, unless you upgrade to a paid
plan to view and keep access to all responses before they are deleted. We encourage you to go to
My Surveys (https://www.surveymonkey.com/home/?ut_source=legal&ut_source2=terms-of-use&ut_source3=inline) to
see which surveys have extra responses over your plan's response limit, in case you want to
upgrade to a paid plan to view and keep them.
12. Disclaimers and Limitations of Liability
12.1. Disclaimers.
While it is in SurveyMonkey's interest to provide you with a great experience when using the
Services (and we love to please our customers), there are certain things we do not promise about
them. We try to keep our online Services up, but they may be unavailable from time to time for
various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS
THEREIN ARE PROVIDED "AS IS" AND SURVEYMONKEY DOES NOT MAKE WARRANTIES OF ANY
KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS
REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
12.2. Exclusion of Certain Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SURVEYMONKEY, ITS AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES
WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE
WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES
AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY
OTHER LEGAL THEORY, EVEN IF SURVEYMONKEY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12.3. Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF
SURVEYMONKEY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND
LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL
NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO SURVEYMONKEY FOR USE OF
THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE
LIABILITY; AND (B) US$200.00.
12.4. Consumers.
We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may
not be overridden by contract or waived by those consumers. If you are such a consumer, nothing
in these Terms limits any of those consumer rights.
12.5. Indemnification.
If you are a business, you will indemnify and hold harmless SurveyMonkey and its affiliates,
officers, agents, and employees from all liabilities, damages, and costs (including settlement
costs and reasonable attorneys' fees) ("Indemnification Amounts") arising out of a third party
claim regarding or in connection with your or your end users' use of the Services or breach of
these Terms, to the extent that such liabilities, damages and costs were caused by you or your
end users.
If you are any kind of user, you will indemnify and hold Indemnified Entities harmless from any
Indemnification Amounts arising out of a breach of your obligation in Section 1.3 to ensure your
tax exemption certificate, if any, accurately reflects your current tax status.
13. Contracting Entity
13.1. Who you are contracting with.
Unless otherwise noted, the Services are provided by, and you are contracting with,
SurveyMonkey Inc. inside of the United States, by SurveyMonkey Brasil Internet Eireli inside of
Brazil, and by SurveyMonkey Europe UC everywhere else.
13.2. SurveyMonkey Inc.
For any Service provided by SurveyMonkey Inc., the following provisions will apply to any terms
governing that Service:
• Contracting Entity. References to "SurveyMonkey", "we", "us", and "our" are references to
SurveyMonkey Inc., located at One Curiosity Way, San Mateo, CA 94403, USA.
• Governing Law. Those terms are governed by the laws of the State of California (without
regard to its conflict of laws provisions).
• Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive
jurisdiction of the state courts located in Santa Clara County, California, and the federal
courts located in the Northern District of California with respect to the subject matter of
those terms.
13.3. SurveyMonkey Europe UC.
For any Service provided by SurveyMonkey Europe UC or, in relation to Wufoo Services, the
following provisions will apply to any terms governing that Service:
• Contracting Entity. References to "SurveyMonkey", "we", "us", and "our" are references to
SurveyMonkey Europe UC, located at 2 Shelbourne Buildings, Second Floor, Shelbourne
Road, Dublin 4, Ireland.
• Governing Law. Those terms are governed by the laws of Ireland (without regard to its
conflicts of laws provisions).
• Jurisdiction. Except if prohibited by applicable law, in relation to any legal action or
proceedings to enforce those terms or arising out of or in connection with those terms,
each party irrevocably submits to the exclusive jurisdiction of the courts of Ireland.
13.4. SurveyMonkey Brasil Internet Eireli
For any Service provided by SurveyMonkey Brasil Internet Eireli, the following provisions will
apply to any terms governing that Service:
• Contracting Entity. References to "SurveyMonkey", "we", "us", and "our" are references to
SurveyMonkey Brasil Internet Eireli, located at Rua Joaquim Floriano, No. 243, suite 113,
Itaim Bibi, Sao Paulo-SP, 04534-010 Brazil.
• Governing Law. Those terms are governed by the laws of Brazil (without regard to its
conflicts of laws provisions).
• Jurisdiction. Except if prohibited by applicable law, in relation to any legal action or
proceedings to enforce those terms or arising out of or in connection with those terms,
each party irrevocably submits to the exclusive jurisdiction of the courts of the city of Sao
Paulo, Brazil.
14. Other Terms
14.1. Assignment.
You may not assign these Terms without SurveyMonkey's prior written consent, which may be
withheld in SurveyMonkey's sole discretion. SurveyMonkey may assign these Terms at any time
without notice to you.
14.2. Entire Agreement.
These Terms (including the Additional Terms) constitute the entire agreement between you and
SurveyMonkey, and they supersede any other prior or contemporaneous agreements, terms and
conditions, written or oral concerning its subject matter. Any terms and conditions appearing on
a purchase order or similar document issued by you do not apply to the Services, do not override
or form a part of these Terms, and are void.
14.3. Independent Contractors.
The relationship between you and SurveyMonkey is that of independent contractors, and not
Legal partners, employees, or agents of each other.
14.4. Interpretation.
The use of the terms "includes", "including", "such as", and similar terms, will be deemed not to
limit what else might be included.
14.5. No Waiver.
A party's failure or delay to enforce a provision under these Terms is not a waiver of its right to
do so later.
14.6. Precedence.
To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to the
Services to which the Additional Terms apply.
14.7. Severability.
If any provision of these Terms is determined to be unenforceable by a court of competent
jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
14.8. Third Party Beneficiaries.
There are no third party beneficiaries to these Terms.
14.9. Survival.
The following sections will survive the termination of these Terms: 1, 2, 3.2, 10, 12, 13, 14, 15, 16,
and 17.
15. Terms for Certain Customers and Countries
15.1. Language.
These Terms are prepared and written in English. To the extent that any translated version
conflicts with the English version, the English version controls, except where prohibited by
applicable law.
15.2. Customer-Specific Terms.
The following amendments automatically apply to you upon acceptance of these Terms if you are
one of the types of entities identified below:
• If you are a United States Federal Government Agency, this Amendment
(https://www.surveymonkey.com/mp/legal/terms-of-use-federal-government/) applies to you.
• If you are a different type of government entity in the United States, this Amendment
(https://www.surveymonkey.com/mp/legal/terms-of-use-state-government/) applies to you.
15.3. Wufoo-Specific Terms.
If you are using Wufoo Services, the following terms apply:
• One free account per person. You may only have one active, free Wufoo account at any
time. Multiple Wufoo accounts for any person may be terminated by SurveyMonkey.
• Form Gallery. In the course of using the Wufoo website, you may create certain templates,
graphics or form documents (collectively, the "Form Content") and load or post such
documents into the Wufoo form gallery ("Form Gallery") for other users. By making such
Form Content available on the Form Gallery, you grant to SurveyMonkey a worldwide,
irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to
use, copy, modify, distribute, display, perform, create derivative works and exploit that
Form Content in connection with SurveyMonkey's operation of Wufoo.
• Termination. SurveyMonkey may terminate any free Wufoo accounts that do not receive a
form submission for 6 months or where the accounts are not accessed for 6 months.
• Use of API. You may access your Wufoo account data via Wufoo's application programming
interface ("API") and SurveyMonkey hereby grants you a non-exclusive, non-transferable
license (without the right to sublicense) to use the API solely as necessary to develop, test,
operate and support your software application or website using certain data and content
from the Wufoo website ("Application"), and to distribute or allow access to your
integration of the API within your Application to end users of your Application. Any use of
the API, including use of the API through a third party product or service that accesses
Wufoo, is bound by these Terms, plus the following specific items:
(a) Abuse of the API or excessively frequent requests to Wufoo via the API may result
in the temporary or permanent suspension of your access to the API. SurveyMonkey,
in its sole discretion, will determine if your usage constitutes abuse or excessive
usage of the API. SurveyMonkey will endeavor to warn the account owner via email
prior to suspension. While SurveyMonkey strives to have the API available without
interruption, SurveyMonkey cannot guarantee any uptime for the API.
(b) You agree not to use the API in any way that is unlawful or harms SurveyMonkey,
its service providers, your end users, or any other person.
(c) SurveyMonkey may modify, restrict or discontinue, at any time, temporarily or
permanently, your access to the API (or any part thereof) with or without notice.
(d) You agree to assist SurveyMonkey, at its request, to verify compliance with these
Wufoo Terms by providing us with information about your Application, including
providing us with access to it and/or other materials related to your use of the API.
(e) The API is currently provided for free, but SurveyMonkey reserves the right to
charge for use of the API in the future. If SurveyMonkey charges a fee for use of the
API, you do not have any obligation to continue using it.
15.4. Country-Specific Terms.
If you are located in one of the following locations, the terms thereunder apply (with the
exception of section EU2, which applies to you irrespective of geographic location if you are a
"data controller" as referred to in the GDPR).
Australia
AU1. ACL.
Nothing in these Terms will restrict, exclude, or modify, or purport to restrict, exclude, or
modify, any statutory consumer rights under the Competition and Consumer Act 2010
(Cth).
Brazil
BR1. Additional Responsibilities.
If you are younger than 16 years old, you must be represented by your parents or guardians
in order to agree to these Terms and to use the Services. If you are aged 16 or 17, you must
be assisted by your parents or guardians to agree to these Terms and to use the Services.
BR2. Right of Withdrawal.
If you are a consumer, you may withdraw your Subscription within 7 days of the date your
Subscription first starts by sending us a notice of withdrawal. If you withdraw your
Subscription under this Section, the fees you paid for that Subscription will be refunded
upon SurveyMonkey's receipt of your notice of withdrawal.
BR3. Consumer Rights.
If you are a consumer: (a) statutory warranties provided in the Law No. 8.078/1990
("Consumer Protection Code") apply to you despite anything to the contrary in Section 11.1
(Disclaimers); (b) Section 11.2 (Exclusion of Certain Liability) will not apply to you in
relation to the damages caused to you due to defects in the Services, as provided by Article
14 of Law No. 8.078/1990 ("Consumer Protection Code"); and (c) Section 11.3 (Limitation of
Liability) will not apply to you.
Europe
EU1. Right of Withdrawal.
In certain European countries, you have a Legal right to cancel Subscriptions within a
certain period of time. For details, see the country-specific terms for your country and our
Subscription (https://help.surveymonkey.com/articles/en_US/kb/Subscription-Cancellation-Policy-Europe-
only)CancellatiOn Policy (Europe only) (http://help.surveymonkey.com/articles/en_US/kb/Subscription-
Cancellation-Policy-Europe-only). For Wufoo Services, see our Wufoo Subscription Cancellation
Policy and VAT Info (EU Only) (https://help.wufoo.com/articles/en/kb/Wufoo-Subscription-Cancellation-
VAT-Po l i cy-E U-Only).
EU2. GDPR Terms for Customers
EU 2.1 Effective Date and Definitions.
These additional terms will apply to you from May 25, 2018, where you are a customer
operating as a "data controller" of"personal data" of"data subjects" located in the
EU (as those terms are defined in the GDPR) in your use of the Services.
The terms "personal data," "data subject," "processing," and "processor" shall have
the meanings given to those terms respectively in the GDPR.
EU 2.2 Processing Instruction.
By requesting the Services and agreeing to these Terms and the SurveyMonkey
privacy policies, you are providing us with instructions to process any personal data
collected by you through the Service, on your behalf.
EU 2.3 Customer Obligations.
You shall ensure and hereby warrant and represent that you are entitled to transfer
personal data to SurveyMonkey so that SurveyMonkey may lawfully process and
transfer the personal data in accordance with these Terms. You shall ensure that
relevant data subjects have been informed of, and have given their consent to, such
use, processing, and transfer as required by all applicable data protection laws and
have sole responsibility for the accuracy, quality and Legality of personal data
processed by SurveyMonkey in the provision of the Services.
EU 2.4 SurveyMonkey Obligations.
Where SurveyMonkey is processing personal data on your behalf, it will:
(a) only do so on your documented instructions and in accordance with applicable
law, including with regard to transfers of personal data to a third country or an
international organization, and the parties agree that these terms and the
SurveyMonkey privacy policies constitute such documented instructions;
(b) ensure that all SurveyMonkey personnel involved in the processing of personal
data have committed themselves to confidentiality;
(c) where applicable to you and where it is technically feasible, make available
information necessary for you to demonstrate compliance with your obligations under
Article 28 of the GDPR, where such information is held by SurveyMonkey and is not
otherwise available to you through your account and user areas or on SurveyMonkey
websites, provided that you provide SurveyMonkey with at least 14 days' written
notice of such an information request;
(d) promptly redirect a data subject to you where they are seeking to exercise their
rights in respect of any personal data collected by you through use of the Services,
and where the data subject has difficulty reaching you directly, we will assist them in
doing so where possible;
(e) upon deletion by you, not retain personal data from within your account other
than in order to comply with applicable Laws and regulations and as may otherwise be
kept in routine backup copies made for disaster recovery and business continuity
purposes (which are also deleted no later than 9-12 months after data is deleted from
an account);
(f) to the extent reasonably able, assist you as reasonably required (at your expense)
where you wish to conduct a data protection impact assessment involving the
Services; and
(g) inform you immediately if, in our opinion, an instruction to process personal data
you have provided infringes the GDPR.
EU 2.5 SurveyMonkey sub-processors.
SurveyMonkey uses trusted partners in facilitating certain elements of our Services
("sub-processors"). By agreeing to these Terms, you provide a general authorization
to SurveyMonkey to engage onward sub-processors, subject to compliance with the
requirements set out here. If you wish to receive a list of sub-processors who handle
personal data for SurveyMonkey please complete our form here
(https://smprivacy.wufoo.com/forms/g1khts351392i13/). On completion of this form and entry of
your details through our system, you will receive updates when we add any new sub-
processors to this list and you will have 15 days to object to any additions to the list
before the change is implemented by us. If you object to a particular sub-processor,
who we cannot disassociate from your Services, your sole remedy will be to terminate
your subscription relating to the Services that cannot be reasonably provided without
the objected-to new sub-processor. Such termination will be without a right of refund
for any fees prepaid by you for the period following termination.
EU 2.6 Liability.
SurveyMonkey will be liable for the acts and omissions of its sub-processors to the
same extent SurveyMonkey would be liable if performing the services of each of those
sub-processors directly under these Terms, except as otherwise set forth in these
Terms and SurveyMonkey ensures that all sub-processors on the sub-processor list
are bound by contractual terms that are in all material respects no less onerous than
those contained in these Terms.
EU 2.7 Security Measures.
SurveyMonkey has, taking into account the state of the art, cost of implementation
and the nature, scope, context and purposes of the Services and the level of risk,
implemented appropriate technical and organizational measures to ensure a level of
security appropriate to the risk of unauthorized or unlawful processing, accidental
loss of and/or damage to your personal data and as specified in our Security
Statement (https://www.surveymonkey.com/mp/legal/security/) which is incorporated by
reference into these Terms. At reasonable intervals, SurveyMonkey tests and
evaluates the effectiveness of these technical and organizational measures for
ensuring the security of the processing.
EU 2.8 Audits.
You will allow one month for SurveyMonkey to respond to any audit request which
you make. No person/party conducting an audit on your behalf, shall be, or shall act
on behalf of, a competitor of SurveyMonkey ("Auditor"). You will only be entitled to
conduct an audit once per year (during the course of a 12 month subscription) unless
otherwise legally compelled or required by a regulator with established authority over
you to perform or facilitate the performance of more than 1 audit in that same year (in
which circumstances you and SurveyMonkey will, in advance of any such audits, agree
upon a reasonable reimbursement rate for SurveyMonkey's audit expenses). The
scope of an audit will be as follows (unless you are compelled by a regulator with
authority over the processing activities involving the Services to vary this format for
audit):
(a) SurveyMonkey agrees, subject to any appropriate and reasonable
confidentiality restrictions, to provide evidence of any certifications and
compliance standards it maintains and will, on request, make available to you
an executive summary of SurveyMonkey's (or SurveyMonkey affiliate's) most
recent penetration tests, which summary shall include remedial actions taken
by SurveyMonkey resulting from such penetration tests.
(b) The scope of the certifications and penetration tests provided will be limited
to SurveyMonkey systems, processes, and documentation relevant to the
processing and protection of personal data undertaken for the Services
obtained by you, and Auditor will conduct audits subject to any appropriate and
reasonable confidentiality restrictions requested by SurveyMonkey.
(c) You will promptly notify and provide SurveyMonkey with full details
regarding any perceived non-compliance or security concerns discovered during
the course of an audit.
The parties agree that, except as otherwise required by order or other binding decree
of a regulator with authority over you, this section sets out the entire scope of your
audit rights as against SurveyMonkey.
EU 2.9 International Transfer.
To the extent applicable, SurveyMonkey Europe UC relies (in order of precedence)
upon (i) any adequacy decisions made by the European Commission at any time;
and/or (ii) standard contractual clauses, for data transfer to the United States to
SurveyMonkey Inc. SurveyMonkey Europe UC also relies on standard contractual
clauses for data transfers to other third parties based in countries outside the
European Economic Area, the United States, or countries that do not have adequate
levels of data protection as determined by the European Commission. To the extent
applicable, you appoint SurveyMonkey as your agent for purposes of entering into any
standard contractual clauses for such purposes on your behalf under these Terms. If
you hold a qualifying account and are availing of the SurveyMonkey Data Processing
Agreement with standard contractual clauses, the terms set out in that Data
Processing Agreement with standard contractual clauses are supplementary to these
Terms and, where there is a conflict between the terms of that Data Processing
Agreement with standard contractual clauses and these Terms, the terms of the Data
Processing Agreement with standard contractual clauses will prevail.
EU 2.10 Liability for Data Processing.
The parties' respective aggregate liability whether in contract, tort (including
negligence), breach of statutory duty, or otherwise for any and all claims arising out
of or in connection with this Section EU2 shall be as set out in these terms, unless
otherwise agreed in writing.
France
FR1. Overdue Payments.
Overdue payments may result in a penalty at an interest rate equal to 3 times the legal
interest rate or the statutory minimum rate, whichever is higher. Additionally, the statutory
penalty for collection costs may be payable by you in the event of late payment.
FR2. Right of Withdrawal.
If you are a consumer, starting from the date your Subscription first starts, you have 14
days to exercise your right of withdrawal without cause, provided that you have not
benefited from or started to use the Services before the end of that 14 day period.
FR3. Media.
The limited license you grant to SurveyMonkey under Section 3.2 (Limited License to Your
Content) allows SurveyMonkey to exploit your Content in any form and on any medium,
including paper or digital media such as hard disks and flash drives, and by any means or
process, including by wired, wireless, or online transmission of digitized or analog data. The
duration of such limited license extends only for the legal term of protection of the
intellectual property rights attached to your Content.
FR4. Warranties.
If you are a consumer, statutory warranties and the warranty of merchantability apply to
you despite anything to the contrary in these Terms. Any disclaimer of warranties in these
Terms does not derogate from any of your statutory warranty rights listed below:
Article R. 211-4 of the French Consumer Code: "In contracts entered into between
professionals, on the one hand, and, on the other hand, non-professionals or consumers,
the professionals cannot contractually warrant the item to be delivered or the service to be
rendered without clearly stating that, whatever the circumstances, the legal warranty
binding the professional seller to cover the purchaser against any consequences of faults
or hidden defects in the item being sold or the service being rendered, applies."
Article L. 211-4 of the French Consumer Code: "The seller is required to deliver a product
which is conformed to the contract and is held liable for any lack of conformity which exists
upon delivery. He is also held Liable for any lack of conformity caused by the packaging or
the assembly instructions, or the installation if he assumed responsibility therefor or had it
carried out under his responsibility."
Article L. 211-5 of the French Consumer Code: "To be in conformity with the contract, the
product must: (1) be suitable for the purpose usually associated with such a product and, if
applicable: correspond to the description given by the seller and have the features that the
seller presented to the buyer in the form of a sample or model; [and] have the features that
a buyer might reasonably expect it to have considering the public statements made by the
seller, the producer or his representative, including advertising and labeling; or (2) have the
features defined by mutual agreement between the parties or be suitable for any special
requirement of the buyer which was made known to the seller and which the latter agreed
to."
Article L. 211-12 of the French Consumer Code: "Action resulting from lack of conformity
lapses two years after delivery of the product."
Article 1641 of the French Civil Code: "A seller is bound to a warranty on account of the
latent defects of the product sold which render it unfit for the use for which it was
intended, or which so impair that use that the buyer would not have acquired it, or would
only have given a lesser price for it, had he known of them."
Article 1648 §1 of the French Civil Code: "The action resulting from red hibitory vices must
be brought by the buyer within a period of two years following the discovery of the vice".
FR5. Limitation.
Section 11.3 (Limitation of Liability) does not apply to you if you are a consumer.
Germany
DE1. Right of Withdrawal.
If you are a consumer, you may withdraw your contractual declaration within 14 days
without giving reasons in text form (e.g. by mail, fax, email). The time period commences
upon your receipt of this information notice in textual form, but not before the conclusion
of the contract and also not before we have met our information requirements as set forth
under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 of the Introductory Act to
the German Civil Code and our information requirements under § 312 g paragraph 1, first
sentence German Civil Code in conjunction with Article 246 § 3 of the Introductory Act to
the German Civil Code. Punctual dispatch of the declaration of withdrawal suffices to
observe the withdrawal period. The declaration of withdrawal has to be directed to our
customer support team by email to support@surveymonkey.com or through our Help
Center(https://help.surveymonkey.com/?l=en).
DE2. Consequences of Withdrawal.
In the case of a valid withdrawal, the mutually received deliverables will be returned and
any benefits obtained, if any (e.g. interest), will be handed over. To the extent that you are
unable to return or, where applicable, to deliver up the received deliverable and benefits
obtained (e.g. use and enjoyment) in whole or in part, or only in a deteriorated condition,
you may have to compensate us accordingly for Loss of value, if any. This may possibly lead
to the result that you wilt nevertheless have to fulfill the contractually owed payment
obligations for the time period until withdrawal. Any obligation to reimburse payments
must be fulfilled within 30 days. The period for the payment of costs will begin, in your
case, with the dispatch of your declaration of withdrawal and in our case, upon receipt of
same.
DE3. Special Notifications.
Your right of withdrawal expires prematurely if the contractual relationship was fully
discharged by both sides at your explicit request before you have exercised your right of
withdrawal.
DE4. Termination for Breach.
A failure to comply with these Terms must be material, repeated, or persistent before
SurveyMonkey may exercise its right of termination under Section 9.2 (By SurveyMonkey).
DE5. Specific Works.
SurveyMonkey is not obliged to create any specific works for you.
DE6. Liability Provisions.
Sections 11.2 (Exclusion of Certain Liability) and 11.3 (Limitation of Liability) do not apply
and are replaced with the following: "SurveyMonkey's liability to you for damages caused
by slight negligence will, irrespective of its legal ground, be limited as follows: (a)
SurveyMonkey will be liable up to the amount of foreseeable damages typical for this type
of contract for a breach of material contractual obligations; and (b) SurveyMonkey will not
be liable for a breach of any non-material contractual obligations nor for the slightly
negligent breach of any other applicable duty of care. The above limitations of liability, as
well as any other limitations of liability contained in these Terms, will not apply to any
mandatory statutory liability, in particular to liability under the German Product Liability
Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries.
Additionally, such limitations of liability will not apply if and to the extent that
SurveyMonkey has assumed a specific guarantee. The above will apply accordingly to
SurveyMonkey's liability to you for futile expenses. You are obliged to take adequate
measures to avert and reduce damages."
Japan
JP1. Privacy Disclosures.
You agree that you are responsible for notifying the respondents of any surveys that you
create through the Services about how SurveyMonkey may use the respondents' survey
responses and personal data as described in the Privacy Notice
(https://www.surveymonkey.com/mp/legal/privacy/?ut_source=legal&ut_source2=terms-of-use&ut_source3=inline)
and obtaining a prior consent for disclosing personal data to SurveyMonkey from the
respondents of your surveys.
JP2. Liability.
Sections 11.2 (Exclusion of Certain Liability) and 11.3 (Limitation of Liability) will not apply
in relation to the damages caused by the willful misconduct or gross negligence of
SurveyMonkey, its affiliates, officers, employees, agents, supplier, or licensors.
Korea
KR1. Right of Withdrawal.
If you are a consumer, you may withdraw your Subscription within 7 days of the date your
Subscription first starts (or the date a copy of these Terms are made available to you, if
later), provided that you have not benefited from or started to use the Services before the
end of that 7 day period. If you withdraw your Subscription under this paragraph, the fees
you paid for that Subscription will be refunded within 3 business days of receiving your
notice of withdrawal.
KR2. Assignment.
Despite anything to the contrary in these Terms, if you are a consumer, we will provide you
with advance notice of assignment and an opportunity to terminate these Terms as
required by Korean law.
Luxembourg
LU1. Survival.
Sections of these Terms which are expressly stated to survive its termination will not
survive indefinitely, but survive for a period of 30 years.
16. Terms for SurveyMonkey's API
16.1 Building with SurveyMonkey's API.
See here (https://developer.surveymonkey.com/tou/?ut_source=legal&ut_source2=terms-of-use&ut_source3=inline) for
the terms for SurveyMonkey's API.
17. Terms for SurveyMonkey Contribute
17.1 Using SurveyMonkey Contribute.
See here (https://www.surveymonkey.com/mp/legal/surveymonkey-contribute-terms-of-service/?
ut_source=legal&ut_source2=terms-of-use&ut_source3=inline) for the terms for using SurveyMonkey
Contribute.