Terms of Service

Document status: Approved v1.0 (2026-07-21) Effective date: 2026-07-21

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the SurveyRock platform, websites, APIs, and related services (collectively, the “Service”) provided by Oak Mountain Digital LLC (“SurveyRock”, “we”, “us”, or “our”).

By creating an account, accessing the Service, or clicking “I agree,” you accept these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

If you do not agree to these Terms, do not use the Service.

2. Definitions

  • “Account” — your SurveyRock subscription
  • “Customer” or “you” — the individual or organization that holds an Account
  • “Authorized User” — a person you authorize to access the Service under your Account
  • “Respondent” — an individual who answers a survey distributed via the Service
  • “Customer Content” — surveys, questions, design configurations, response data, contacts, and any other content you provide or generate through the Service
  • “Sub-processor” — a third party that processes Personal Information on our behalf
  • “Plan” — the subscription tier you have selected
  • “Documentation” — the user-facing documentation available at www.surveyrock.com/support/

3. The Service

3.1 Description

SurveyRock provides a software-as-a-service platform for designing, distributing, and analyzing surveys. Specific features depend on your Plan, as described on our Pricing page and in the Documentation.

3.2 Updates and changes

We continuously improve the Service. We may modify, add, or remove features without prior notice, provided that:

  • Material functionality reductions to the core Service of your Plan will be communicated at least 30 days in advance
  • Plan-tier feature changes apply at renewal, not mid-term
  • Critical security or legal fixes may be deployed immediately

3.3 Service availability

We aim to keep the Service available 24/7 but do not guarantee uninterrupted access. We may perform scheduled maintenance with advance notice via our status page. We do not offer an uptime SLA under these Terms; enterprise SLAs are available under a separate agreement.

4. Accounts and Eligibility

4.1 Account creation

To use the Service, you must:

  • Be at least 16 years old (or the age of digital consent in your jurisdiction)
  • Provide accurate, current, and complete information
  • Maintain the security of your account credentials
  • Promptly update information if it changes
  • Notify us immediately of unauthorized access

You are responsible for all activity that occurs under your Account, including activity by your Authorized Users.

4.2 Authorized Users

If your Plan permits multiple users:

  • Each Authorized User must have their own login credentials
  • You may not share a single account across multiple people
  • You are responsible for ensuring Authorized Users comply with these Terms
  • You may revoke Authorized User access at any time

4.3 Restricted use

You may not use the Service if you:

  • Are barred from receiving services under applicable law
  • Are located in or a resident of a country subject to comprehensive US sanctions
  • Have been previously banned by SurveyRock

5. Customer Content

5.1 Ownership

You retain all ownership rights in Customer Content. SurveyRock does not claim ownership of your surveys, response data, or other content you provide.

5.2 License to operate the Service

You grant us a worldwide, non-exclusive, royalty-free license to use, copy, store, process, transmit, and display Customer Content solely as necessary to provide and improve the Service. This license includes the right to:

  • Host, back up, and distribute Customer Content for delivery
  • Display Customer Content to Respondents you direct surveys to
  • Process Customer Content through AI features when you use them (subject to our Privacy Policy)
  • Generate aggregated, de-identified analytics about Service usage

This license terminates when you delete the Customer Content or close your Account, except where retention is required by law or for legitimate business purposes (e.g., billing records, backups, audit logs).

5.3 Your responsibility for Customer Content

You represent and warrant that:

  • You own or have necessary rights to all Customer Content
  • Customer Content does not infringe any third party’s intellectual property, privacy, or other rights
  • Customer Content complies with all applicable laws, including data protection law for any personal information you collect via the Service
  • You have obtained all necessary consents from Respondents for the Personal Information you collect
  • Customer Content does not violate our Acceptable Use Policy

5.4 Removal of Customer Content

We may remove Customer Content (with or without notice) if we believe in good faith it:

  • Violates these Terms or the AUP
  • Infringes a third party’s rights
  • Is illegal or harmful
  • Threatens the security or integrity of the Service

We will notify you when removing Customer Content unless prohibited by law or doing so would impede an investigation.

6. Subscriptions, Fees, and Payment

6.1 Plans and pricing

Current Plans, features, and prices are at our pricing page. We may change Plans and prices, with notice taking effect at your next renewal.

6.2 Payment processing — Paddle as Merchant of Record

Payments are processed by Paddle, who acts as the Merchant of Record for all SurveyRock subscriptions. This means:

  • Paddle is the legal seller of SurveyRock subscriptions to you
  • Paddle handles billing, tax collection, and remittance to applicable tax authorities
  • Paddle’s terms apply to the payment relationship; see https://www.paddle.com/legal/checkout-buyer-terms
  • Refund requests are handled by Paddle in accordance with our refund policy below
  • Disputes about charges may be addressed to Paddle or to SurveyRock

6.3 Billing terms

  • Billing cycle: Plans are billed monthly or annually in advance, per the plan you select
  • Auto-renewal: Subscriptions auto-renew at the end of each billing cycle unless cancelled
  • Pricing changes: Notified at least 30 days before they affect your next renewal
  • Taxes: Paddle calculates and includes applicable taxes; the price you see at checkout is what you pay

6.4 Refunds

Fees are non-refundable. You can cancel at any time (Section 6.7); your access continues until the end of the billing period you have paid for, and you will not be charged again.

Where the law of your country gives you a refund right we cannot exclude (for example, the 14-day withdrawal right for EU consumers), Paddle, as Merchant of Record, honors it.

6.5 Free trial

New accounts start with a 14-day free trial of the Growth plan, including a limited allocation of AI credits. No credit card is required.

  • We remind you by email before your trial ends
  • At the end of the trial, your Account automatically moves to the Free plan unless you purchase a subscription — nothing is charged automatically
  • Your surveys and data are preserved through the downgrade; the features and limits of the Free plan then apply

6.6 Failed payments

If a payment fails, Paddle will retry per its dunning sequence. If payment cannot be collected:

  • Your Plan may be downgraded to free tier (if available) or your Account may be suspended
  • Your data remains accessible per our Data Retention policy (see Privacy Policy)
  • You can restore your Plan by updating payment information

6.7 Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period; you continue to have access through that period.

6.8 AI Credits

Your Plan includes a monthly allocation of AI credits, which resets each billing cycle; unused monthly credits do not roll over and are not refundable.

You may separately purchase additional AI credits (“purchased credits”). Purchased credits:

  • Are non-refundable for cash, consistent with our general billing policy;
  • Are not forfeited if you downgrade your Plan or your Plan lapses — your balance remains available regardless of your current Plan tier, even where a feature the credits would fund requires a higher Plan;
  • Remain available for the same period your Account data is retained following cancellation (see Section 12.4), and are forfeited only when your Account is actually closed and your data is erased;
  • We will notify you before any purchased credits are forfeited.

7. Use of the Service

7.1 Acceptable Use

Your use of the Service is governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. Violating the AUP is a material breach of these Terms.

7.2 Compliance with laws

You agree to comply with all applicable laws when using the Service. The obligations that matter most on a survey platform — data protection law for the Personal Information you collect from Respondents, anti-spam law for email distribution, and related rules — are spelled out in our Acceptable Use Policy.

7.3 Rate limits and quotas

We may impose reasonable rate limits, response quotas, contact list size limits, or other usage limits to protect Service integrity and fairness. These are documented in your Plan details and the Documentation.

7.4 Security responsibilities

You agree to:

  • Use strong, unique passwords
  • Enable multi-factor authentication where available
  • Promptly report suspected unauthorized access to security@surveyrock.com

(Rules on security testing — including our coordinated disclosure program — are in Section 3.2 of the Acceptable Use Policy.)

7.5 API and integrations

If you use our API or build integrations:

  • Comply with API rate limits and documentation
  • Use API keys securely; do not share them
  • Build integrations that respect your end users’ rights and consents

8. Intellectual Property

8.1 SurveyRock’s IP

The Service (including all software, design, content, trademarks, and documentation we create) is owned by SurveyRock and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

You may not:

  • Copy, modify, or create derivative works of the Service
  • Reverse-engineer, decompile, or disassemble any portion of the Service
  • Remove or alter proprietary notices
  • Resell or sublicense the Service except as permitted by your Plan
  • Use the Service to build a competing product

8.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them without compensation or attribution. You retain no ownership in such feedback once provided.

8.3 Trademarks

“SurveyRock,” our logo, and related marks are trademarks of Oak Mountain Digital LLC. You may not use them without our prior written consent, except as part of standard linking conventions and as permitted by our Brand Guidelines.

9. AI Features

The Service includes AI features: survey question and structure generation; theme detection and sentiment analysis of open-text responses; summaries and insights (including executive summaries and dashboards); natural-language queries over your response data (AI Query); AI steps inside workflow automations (e.g., sentiment, urgency, and theme tagging); and — where you enable it — automatically generated follow-up questions shown to Respondents during a survey when an open-text answer is brief. When you use these features:

  • AI outputs are suggestions, not commitments — review before using
  • You retain final judgment over all decisions
  • AI features may have errors or biases; we make no warranties about AI output accuracy
  • We do not train our AI models on your Customer Content without explicit opt-in (see Privacy Policy)
  • AI providers we use are listed in our Sub-processor List
  • Respondent-facing AI follow-ups are generated content; if you enable them, you are responsible for any Respondent-disclosure obligations that apply in your jurisdiction

AI-specific use restrictions — no harmful or deceptive AI content, no extracting our prompts or models, no training competing AI models — are set out in Section 5 of the Acceptable Use Policy.

10. Confidentiality

10.1 Definition

“Confidential Information” means non-public information disclosed by one party that is marked confidential or that a reasonable person would understand to be confidential. Confidential Information includes:

  • Your Customer Content (your confidential information)
  • Our pricing, roadmap, security details, source code (our confidential information)

10.2 Obligations

Each party agrees to:

  • Use Confidential Information only to perform under these Terms
  • Protect Confidential Information with the same care it uses for its own confidential information (and no less than reasonable care)
  • Not disclose Confidential Information to third parties except as required by law

10.3 Exclusions

Confidential Information does not include information that:

  • Is or becomes publicly known through no breach of these Terms
  • Is rightfully received from a third party without confidentiality obligation
  • Is independently developed without use of the Confidential Information
  • Is required to be disclosed by law (with notice to the disclosing party where permitted)

11. Data Protection and Privacy

Our handling of Personal Information is governed by our Privacy Policy, incorporated by reference.

11.1 Customer as Controller

When you collect responses through the Service, you are typically the data controller and SurveyRock is the data processor. You agree to:

  • Have a lawful basis for processing the Personal Information you collect
  • Provide required notices and obtain required consents from Respondents
  • Honor data subject rights requests directed to you about response data

11.2 Data Processing Agreement

A Data Processing Agreement (DPA) is available for self-serve download at our Trust Center. The DPA is automatically incorporated into your Terms when you process Personal Information of EU/UK residents through the Service.

11.3 Sub-processors

We use Sub-processors to operate the Service. See our Sub-processor List for the current list. We notify Customers of material changes at least 30 days in advance.

12. Term and Termination

12.1 Term

These Terms apply when you create an Account and continue until terminated as described below.

12.2 Termination by you

You may terminate at any time by closing your Account. Cancellation works as described in Section 6.7; any refund is governed by the refund policy in Section 6.4.

12.3 Termination by us

We may suspend or terminate your Account immediately if:

  • You materially breach these Terms or the AUP
  • We are required to do so by law
  • Continued service would create security, legal, or financial risk to SurveyRock or other Customers
  • Your payment fails and is not cured within 30 days of notice

We will provide written notice (where reasonable to do so) and a reasonable opportunity to cure non-payment breaches.

12.4 Effect of termination

Upon termination:

  • Your access to the Service ends
  • You can export your Customer Content for 30 days following termination
  • After 30 days, we may delete your Customer Content, except where retention is required by law (e.g., billing records, legal holds)
  • Sections that by their nature should survive (IP, confidentiality, payment obligations, indemnification, limitation of liability, dispute resolution) continue after termination

12.5 Data export

Before termination, you can export:

  • Survey designs and response data via the export feature in the product
  • Account and billing information via account settings
  • Custom integrations and webhooks via the API

13. Warranties and Disclaimers

In plain terms: we promise to provide the Service with professional skill and care, but we can’t promise it will be perfect, uninterrupted, or error-free.

13.1 Mutual warranties

Each party represents that it has the authority to enter into these Terms and that doing so does not violate any other agreement.

13.2 Service warranty

SurveyRock provides the Service with reasonable skill and care and substantially as described in the Documentation.

13.3 Disclaimer

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

SurveyRock does not warrant:

  • That the Service will meet your specific requirements
  • That AI features will produce specific outcomes
  • That third-party integrations will function as described
  • That defects or errors will be corrected on any specific timeline

14. Limitation of Liability

In plain terms: if something goes wrong, the most either side owes the other is what you paid us over the past 12 months (or $100, if that’s more), and neither side pays for indirect losses like lost profits — except in the serious cases listed in Section 14.3.

14.1 Cap on liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100)

14.2 Exclusion of indirect damages

NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.3 Exceptions

These limitations do not apply to:

  • A party’s indemnification obligations
  • Your payment obligations
  • Liability for fraud, willful misconduct, or gross negligence
  • Liability that cannot be limited under applicable law (e.g., death, personal injury, certain consumer rights under EU law)

15. Indemnification

In plain terms: if your content or your use of the Service gets us sued by someone else, you cover that claim; if someone sues you because our Service infringes their intellectual property, we cover it.

15.1 Your indemnification

You will indemnify and defend SurveyRock from third-party claims arising from:

  • Your Customer Content (including infringement claims by third parties whose data you collected)
  • Your violation of these Terms or the AUP
  • Your violation of applicable law
  • Your use of the Service in connection with a competing product

15.2 Our indemnification

We will indemnify and defend you from third-party claims that the Service itself, as provided by us and used in accordance with these Terms, infringes a third party’s US patent, copyright, or trademark.

Our indemnification does not cover claims arising from:

  • Your Customer Content
  • Modifications to the Service not made by us
  • Use of the Service in combination with other products that causes the infringement
  • Use after we have notified you of an alleged infringement and provided a workaround

15.3 Process

The indemnified party must promptly notify the indemnifying party of any claim, allow the indemnifying party to control the defense and settlement, and reasonably cooperate.

16. Governing Law and Disputes

In plain terms: this section says which law applies and how disputes are handled. Contact us first — most problems can be resolved without formal proceedings.

16.1 Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles.

16.2 Disputes

Most disputes can be resolved through good-faith discussion. Before filing a claim, you agree to contact us at legal@surveyrock.com and attempt to resolve informally.

16.3 Dispute resolution mechanism

If we cannot resolve a dispute informally, it will be resolved exclusively in the state or federal courts located in the State of Delaware, and each party consents to the jurisdiction of those courts. There is no arbitration clause — we chose ordinary courts for simplicity and transparency.

16.4 Class action waiver

To the extent permitted by law, all claims must be brought in the parties’ individual capacities, not as part of any class, collective, or representative action.

16.5 Equitable relief

Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or confidentiality obligations.

17. General Provisions

17.1 Entire agreement

These Terms, together with the Privacy Policy, AUP, DPA (if applicable), and any plan-specific terms, constitute the entire agreement between you and SurveyRock regarding the Service.

17.2 Modifications

We may modify these Terms from time to time. We will notify you of material changes by:

  • Updating the “Effective date” at the top
  • Posting notice on the Service or sending email to your registered address
  • Providing at least 30 days notice of material changes

Continued use of the Service after the effective date constitutes acceptance. If you do not agree to modifications, you must stop using the Service.

17.3 Assignment

You may not assign these Terms or any rights under them without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

17.4 Severability

If any provision is found unenforceable, the rest of these Terms continue in effect, and the unenforceable provision is modified to the minimum extent necessary to be enforceable.

17.5 Waiver

Our failure to enforce any provision is not a waiver of our right to enforce it later.

17.6 Force majeure

Neither party is liable for delays or failures due to events beyond reasonable control (natural disasters, war, terrorism, pandemic, governmental action, network outages caused by third parties).

17.7 Notices

Notices to SurveyRock must be sent to legal@surveyrock.com. Notices to you will be sent to your registered email address.

17.8 No third-party beneficiaries

These Terms do not create rights for any third party.

17.9 Relationship

The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship.

17.10 Language

These Terms are written in English. Translations may be provided for convenience but the English version controls.

18. Contact

Legal: legal@surveyrock.com Privacy: privacy@surveyrock.com Security: security@surveyrock.com Support: support@surveyrock.com