Terms of Service

SURVEYMOTION.IO – TERMS OF SERVICE

Version 1.0 – Effective July 7th , 2025

1. Acceptance

By (i) clicking “I Agree,” (ii) paying via Stripe, or (iii) accessing any SurveyMotion service, you (“Customer”) agree to be bound by these Terms of Service (“Terms”). If Customer later signs a separate Master Services Agreement (“MSA”) with SurveyMotion, the MSA will control any conflict with these Terms.

2. Definitions

    • “Approved Leads” – means a person with a known valid email address and a job title at an account or company that meets Client’s criteria as a prospective customer or client, which Approved Leads are developed by SurveyMotion from criteria or leads provided by Client;
    • “Approved Survey” – means a set of questions, created by SurveyMotion in collaboration with and approved by both SurveyMotion and Client;
    • “Survey Leads” – means Approved Leads who complete SurveyMotion’s Approved Survey;
    • “Meeting Leads” – means Approved Leads who complete the Approved Survey with answers that meet Client’s criteria and who request or schedule a call or online meeting with Client; SurveyMotion will credit back Meeting Leads that are identified as No Shows by Client in SurveyMotion’s Platform. 
    • “Platform” – SurveyMotion’s hosted software, dashboards, email engines, integrations, and related documentation. 
    • “Subscription” – The month‑to‑month plan Customer purchases through Stripe, including the Services, usage limits, and pricing displayed at checkout. 
    • “Services” – All functionality SurveyMotion makes available under the Subscription, including surveys, lead generation, notifications, and integrations. 
    • “Stripe Account” – The payment method maintained by Customer with Stripe on SurveyMotion’s behalf. 

    3. Services & Usage Limits

    • SurveyMotion will provide the Services and attempt to deliver Survey Leads and Meeting Leads deliver up to the monthly cap stated in the Subscription. 
    • Delivery rates depend on Customer’s timely collaboration (e.g., ICP criteria, survey approvals, CRM integration). Delays or omissions by Customer may reduce results; no refunds or credits are issued. 

    4. Fees & Payment

    • All fees are billed automatically via Stripe at the start of each billing cycle and are non‑refundable. 
    • Prices exclude taxes; Customer authorizes Stripe to add and remit applicable taxes. 
    • Failed charges must be resolved within 5 days; otherwise SurveyMotion may suspend or terminate access. 

    5. Term, Auto‑Renewal & Cancellation

    • The Subscription auto‑renews monthly until canceled. 
    • Customer may cancel anytime in the billing portal; termination becomes effective at the end of the current paid month. 
    • SurveyMotion may terminate or suspend Services immediately for material breach or non‑payment. 

    6. Customer Responsibilities

    • Provide accurate company and billing information, approve surveys and targeting criteria within requested timeframes, and comply with all anti‑spam, privacy, and marketing laws. 
    • Refrain from (i) uploading unlawful content, (ii) reverse‑engineering the Platform, (iii) sharing login credentials, or (iv) using the Services to solicit or encourage illegal activity. 

    7. IP & License

    • SurveyMotion retains all rights in the Platform and any content it provides. 
    • Customer may internally use Leads and survey data for lawful B2B marketing. Redistribution, resale, or public posting is prohibited without SurveyMotion’s written consent. 

    8. Confidentiality & Publicity

    • Each party will protect the other’s non‑public information with reasonable care. 
    • SurveyMotion may identify Customer (name and logo) as a client in marketing materials. 

    9. Data Protection

    • Processing of personal data is governed by SurveyMotion’s Privacy Policy and, if applicable, a Data Processing Addendum (DPA). Customer represents it has a lawful basis for any data it supplies. 

    10. Warranties & Disclaimers

    • SurveyMotion warrants that it owns the Platform and will provide the Services in a professional manner. 
    • EXCEPT AS EXPRESSLY STATED, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS.” SURVEYMOTION DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND RESULTS OF USE.

    11. Limitation of Liability

    • TO THE MAXIMUM EXTENT PERMITTED BY LAW, SURVEYMOTION’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
    • Neither party is liable for indirect, consequential, or special damages. 

    12. Indemnification

    Customer will defend and indemnify SurveyMotion against third‑party claims arising from (i) Customer’s illegal or unauthorized use of the Services, or (ii) materials supplied by Customer.

    13. Modifications to Terms or Services

    SurveyMotion may update these Terms or modify the Services at any time. Material changes become effective 30 days after posting or notice to Customer. Continued use constitutes acceptance.

    14. Force Majeure

    Neither party is liable for delays caused by events beyond reasonable control (e.g., natural disasters, internet outages, government actions).

    15. Governing Law & Venue

    These Terms are governed by California law, with exclusive jurisdiction in state or federal courts located in San Diego, CA.

    16. Miscellaneous

    • Entire Agreement. These Terms, the Subscription checkout details, and any DPA constitute the entire agreement unless superseded by an MSA. 
    • Assignment. Customer may not assign rights or obligations without SurveyMotion’s prior written consent. 
    • Severability. If any provision is held invalid, the remainder stays in effect. 
    • Waiver. Failure to enforce any right is not a waiver of future enforcement. 
    • Notices. Official notices must be sent to support@surveymotion.io with the subject line “Legal Notice.”