AI training
- Severity 4
"In exchange for your use of a Beta Service, you agree that SurveyMonkey may collect data regarding your use of the Beta Service, including any feedback, and analyze your Content (including manual review) to improve and troubleshoot the Service, and develop new features and insights. If you do not wish to have this usage or feedback data collected or Content analyzed, you must immediately discontinue your use of the Beta Service."
SurveyMonkey can analyze your content and usage data from beta services to improve their offerings and develop new features, even after you stop using the service.
Your data from beta programs may be used indefinitely for SurveyMonkey's benefit, even if the beta is discontinued.
⚖️Matches The New York Times Co. v. OpenAI & Microsoft (2023) - Severity 4
"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 and improving the Services, developing new features and insights, and as permitted by the SurveyMonkey privacy notices. Where permitted under applicable law, 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 (subject to our retention policies)."
You grant SurveyMonkey a broad license to use, modify, and distribute your content for providing and improving services, developing new features, and for aggregate/de-identified data, even after you stop using their services.
Your content can be used by SurveyMonkey indefinitely for their business purposes, even after you've deleted it or stopped paying.
⚖️Matches The New York Times Co. v. OpenAI & Microsoft (2023)
Auto-renewal
- Severity 3
"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."
SurveyMonkey automatically renews your subscription at the end of each billing cycle unless you cancel via your account or by contacting support.
You could be charged for another term if you forget to cancel before the renewal date.
⚖️Matches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)
Price hikes
- Severity 3
"SurveyMonkey may change the fees charged to you for the Services at any time, provided that, for Subscriptions, 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 to review any change in fees. If you do not agree to the change in fees, you may cancel your Subscription before the change takes effect."
SurveyMonkey can change the fees for their services, but these changes only take effect at the end of your current billing cycle.
You might face a price increase at renewal, and you need to actively cancel to avoid it.
⚖️Matches FTC v. MoviePass / Helios and Matheson Analytics (2021)
Data residency
- Severity 2
"If you sign up for a self-serve account with a work email address owned by an Enterprise customer and the Enterprise account requests information about such accounts, we will notify you before sharing your contact information and account usage information. If the Enterprise customer requests consolidation of all accounts created with a work email address owned by the Enterprise customer, your content will be consolidated under the Enterprise account."
SurveyMonkey will share your contact and usage data with your employer if you use a work email from an enterprise account, and your content may be consolidated under their account.
Your employer can gain access to your survey data and usage patterns without your explicit consent.
Termination friction
- Severity 4
"SurveyMonkey may limit, disable, suspend and/or cancel your Subscription and terminate the Services and/or close your account 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; (c) you fail to pay fees for 30 days past the due date; (d) you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; (e) if we are investigating suspected misconduct by you, including illegal activity; or (f) we are required to do so to comply with applicable law."
SurveyMonkey can cancel your subscription and close your account if you breach the terms, fail to pay for 30 days, cause legal issues, or if they are investigating misconduct.
Your account can be terminated for various reasons, including payment delays or perceived misuse of the service.
⚖️Matches PayPal Account Hold / Freeze Class Action — settled for $4M (2021) - Severity 3
"SurveyMonkey may cancel your Subscription and terminate the Services effective at the end of a billing cycle by providing at least 30 days’ prior written notice to you without refund for any prior period. Additionally, SurveyMonkey may cancel your Subscription and terminate the Services at any time during the billing cycle 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 the relevant Service(s) in that billing cycle."
SurveyMonkey can cancel your subscription at the end of a billing cycle with 30 days' notice and no refund, or at any time with 90 days' notice and a pro-rata refund.
SurveyMonkey can end your service with minimal notice, potentially disrupting your work.
⚖️Matches Adobe Early Termination Fee Class Action (2024) - Severity 3
"When you close your account, your Subscription will automatically be cancelled, your Services will be terminated, and you will no longer be able to access your account to use the Services and your Content will be deleted in accordance with our data retention policy and these TOU."
Closing your account cancels your subscription and deletes your content according to their data retention policy.
You will permanently lose access to your account and all your survey data once you close it.
⚖️Matches FTC v. Match Group (Match.com) (2019) - Severity 3
"If you cancel a Subscription in the middle of a billing cycle, you will not receive a refund unless you are canceling 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."
SurveyMonkey does not offer refunds if you cancel a subscription mid-billing cycle, unless they materially breached the terms, a refund is legally required, or they decide to grant one.
You will likely forfeit any unused portion of your subscription fee if you cancel early.
⚖️Matches FTC v. Match Group (Match.com) (2019)
Liability caps
- Severity 4
"TO THE EXTENT PERMITTED BY APPLICABLE LAW, SURVEYMONKEY (INCLUDING ITS AFFILIATES AND ITS AND THEIR 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."
SurveyMonkey is not liable for any indirect, consequential, or special damages, including lost profits or data, even if they were warned about the possibility.
You cannot recover significant financial losses from SurveyMonkey if their service causes them.
- Severity 4
"TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF SURVEYMONKEY (INCLUDING ITS AFFILIATES AND ITS AND THEIR 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."
SurveyMonkey's total liability to you is capped at the lesser of the fees you paid in the last 12 months or $200.
If SurveyMonkey causes a major issue, your compensation is severely limited, potentially to almost nothing.
⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022)
Indemnification
- Severity 3
"If you are a business, you will indemnify and hold harmless SurveyMonkey (including its affiliates and its and their officers, agents, and employees) from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) 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 your use of SurveyMonkey's services leads to a third-party claim, you must defend and pay for any resulting liabilities, damages, and costs.
You could be responsible for legal fees and damages if your account activity results in a lawsuit against SurveyMonkey.
⚖️Matches T-Mobile Data Breach Settlement — settled for $350M (2022)
Silent term changes
- Severity 4
"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, except as may be required by applicable law. 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 can add, remove, or alter features of the services at any time without notice, and may limit, suspend, or discontinue a service at their discretion.
Features you rely on could be removed or changed without warning, disrupting your workflow.
⚖️Matches X Corp. Verified User Class Action (2024) - Severity 4
"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."
SurveyMonkey can restrict or discontinue your access to their API at any time, with or without notice.
Your integrations and automated workflows relying on the API could be shut down unexpectedly.
⚖️Matches X Corp. Verified User Class Action (2024) - Severity 4
"SurveyMonkey may choose not to release a commercial version of the Beta Service. SurveyMonkey may, in its sole discretion and at any time, remove or discontinue the Beta Service and release a commercial version of the Beta Service."
SurveyMonkey may remove or discontinue a beta service at any time, and may choose not to release a commercial version.
You cannot rely on beta features becoming permanent or commercially available.
⚖️Matches X Corp. Verified User Class Action (2024) - Severity 4
"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, for security or to prevent abuse or harm. The most current version will always be posted on the SurveyMonkey website. If an amendment is material, SurveyMonkey will notify you in advance by email to provide you the opportunity to review the changes. Notice of amendments may also be posted upon your login to your account. Except as otherwise specified by us, changes will be effective no sooner than the day they are publicly posted. Once our new terms are effective, if you continue to use the Services, you indicate your agreement to be bound by the updated terms. If you do not agree to any changes made to the terms for a Service, you should stop using that Service and you may close your account with us in accordance with Section 11.1 above."
SurveyMonkey can change the terms at any time, and continued use means you agree to the new terms, even if they are material and only announced upon login.
You might be bound by new terms you haven't fully reviewed or agreed to, impacting your usage rights.
⚖️Matches Italian DPA (Garante) v. WhatsApp — settled for $6M (2022)
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