Effective Date: May 23, 2016

These Survey Platform Terms of Service (“Terms”) apply to your use of SurveyMonkey’s online and mobile survey tools related to the creation, deployment, analysis, and administration of surveys under your SELECT, GOLD, or PLATINUM or Enterprise SurveyMonkey account or subscription plan (the “Survey Service”).

If you purchased the Survey Service under a SurveyMonkey order form or similar order document (“Order Form”), capitalized but otherwise undefined terms in these Terms have the meanings given to them in the Order Form.

1. Multi-User Subscriptions

1.1. Applicability. This Section 1 applies to Customer only if multi-user functionality has been enabled for Customer’s Survey Service.

1.2. Groups. Each end user account that belongs to the Customer’s multi-user Survey Service subscription is referred to as a “seat” or “Group account” and they collectively form the “Group”. A Group may represent a team, group, or other subdivision within the Customer’s organization, or the whole organization. Each multi-user Survey Service subscription represents one Group, and the Customer may maintain multiple Groups by purchasing multiple multi-user Survey Service subscriptions. If the Customer maintains multiple Groups, the Customer may request to transfer a Group account from one Customer Group to another.

1.3. Administrative Responsibilities. The Service is designed to provide Customer and its administrative end users with the ability to self-manage the Service and their Group accounts. Management and administration of Group accounts is the responsibility of Customer and not SurveyMonkey (including responding to requests for account creation, deletion, and reassignment, and management of opt-in and opt-out communications settings for end users). SurveyMonkey will not be responsible for any liability arising from adding, removing, or otherwise managing Customer’s Group accounts in accordance with Customer’s instructions.

1.4. End Users. Customer will ensure that Customer’s end users comply with the terms under which the Survey Service is made available to Customer, including any applicable acceptable use policies. Customer may not provision any seats to persons under the age of 13. If Customer’s end user breaches these Terms, or uses the Survey Service in a manner that SurveyMonkey reasonably believes will cause SurveyMonkey liability or disrupt others’ use of the Services, then SurveyMonkey may suspend or close the applicable end user account, or request that Customer do so.

1.5. Consequences of Termination of Service. If the Service terminates, all end user accounts (including all admin accounts) in the Group will be converted into individual personal accounts, which will lose functionality specific to Group accounts and become subject to the Terms of Use at https://www.surveymonkey.com/mp/policy/terms-of-use (“Downgrade”).

1.6. Downgrade Event. The Customer acknowledges that a Downgrade may cause it to lose control of all its Group accounts upon termination. Group accounts that have converted to personal accounts will be regarded by SurveyMonkey to be controlled by the End User to whom the account is registered at the time of the Downgrade. Consequently, if the Customer desires to regain control of such accounts, it should contact the applicable end users. SurveyMonkey generally will not transfer control of such an account without the authorization of the controlling end user.

If the Customer desires to retain control of its Group Accounts following a Downgrade, the Customer is solely responsible for taking actions, before this Agreement terminates, that are necessary to achieve this, such as: (a) reassigning Group accounts to appropriate Customer personnel; (b) changing access credentials to Group Accounts; and (c) exporting data in its Group accounts and deleting any data it does not desire end users to have access to following the Downgrade. Where practicable, SurveyMonkey will provide the Customer with advance warning before a Downgrade in order to give Customer the opportunity to perform the foregoing actions.

If the Customer re-purchases the Services following a Downgrade, accounts that were converted to personal accounts as a result of the Downgrade will need to be re-invited to join the Group, if the Customer desires. However, there is no guarantee that each such user will accept that invitation.

2. Acceptable Uses

2.1. Acceptable Use Policies. Customer’s use of the Survey Service must comply with any policies applicable to it, as listed in the Legal Center, including the Anti-Spam Policy and Survey Content Policy.

2.2. Survey Closure. If SurveyMonkey closes a survey Customer is conducting because of a violation of SurveyMonkey’s terms, Customer should not re-open the survey without remedying the violation or getting SurveyMonkey’s prior written permission. Otherwise, SurveyMonkey may suspend the relevant account or stop providing the Survey Service to Customer.