1. Agreement to Terms
These Terms of Service (“Terms”) are a binding legal agreement between you and Surveh Inc. (“Surveh,” “we,” “our,” or “us”). They govern your access to and use of the Surveh website, dashboard, APIs, and public survey forms (collectively, the “Services”).
By creating an account, accessing the Services, or clicking “I agree,” you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, you must not access or use the Services.
2. Governing Law and Jurisdiction
Surveh is a Canadian company. These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada, for the resolution of any dispute arising out of or relating to these Terms or the Services.
The Services are designed to comply with Canadian laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA). For details on how we handle personal information, please refer to our Privacy Policy and PIPEDA Compliance Guide.
3. Accounts
To access most features of the Services, you must register for an account. You agree to provide accurate, current, and complete registration information and to keep that information up to date. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@surveh.ca if you suspect unauthorized access to your account.
We reserve the right to suspend or terminate any account that we reasonably believe is being used in violation of these Terms, without prior notice.
4. Subscriptions, Billing, and Taxes
Surveh offers both free and paid subscription plans. All fees are quoted in Canadian dollars and are exclusive of applicable taxes (including GST, HST, and provincial sales taxes) unless expressly stated otherwise.
When you subscribe to a paid plan, you authorize us to charge the payment method on file for the applicable fees on each billing cycle. Subscriptions renew automatically at the end of each billing period (monthly or annual) unless you cancel at least 30 days before the renewal date. You may cancel your subscription at any time through your account settings.
Refunds are provided at our discretion. If you believe a charge is incorrect, please contact us at billing@surveh.ca within 30 days of the charge.
5. Your Content
The Services allow you to create surveys, upload media, and collect responses (“Your Content”). You retain all ownership rights in Your Content. By using the Services, you grant Surveh a limited, non-exclusive, worldwide, royalty-free licence to host, store, reproduce, and display Your Content solely as necessary to provide the Services to you.
You are solely responsible for Your Content, including ensuring that it does not infringe any third-party rights and that you have obtained all necessary consents from survey respondents before collecting their personal information. Surveh does not review or approve Your Content and is not responsible for any claims arising from it.
6. Data Storage and Processing
Core customer data, including survey responses and account records, is stored in Canadian infrastructure. To deliver the Services we also use subprocessors, some of which may process limited data outside Canada. Further details are provided in our Privacy Policy.
You retain all rights to your data. Upon termination of your account you may request an export of your data. After the export window closes, we will delete your data in accordance with the retention periods described in our Privacy Policy.
7. Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you agree not to:
- Use the Services to collect sensitive personal information (such as health, financial, or biometric data) without obtaining appropriate consent and complying with applicable laws.
- Distribute spam, phishing links, or other unsolicited communications through surveys created on the platform.
- Attempt to probe, scan, or test the vulnerability of the Services or any connected system, or to circumvent any security or authentication measures.
- Interfere with, disrupt, or place an unreasonable burden on the Services or the networks or servers connected to the Services.
- Use the Services to impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Scrape, crawl, or use automated means to access the Services except through our published APIs.
We reserve the right to investigate and take appropriate action, including suspension or termination of your account, if we believe you have violated these restrictions.
8. Intellectual Property
The Services, including all software, text, graphics, logos, icons, and the design and arrangement thereof, are the property of Surveh or its licensors and are protected by Canadian and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Services or our intellectual property, other than the limited licence to use the Services as described herein.
The Surveh name, logo, and maple-leaf mark are trademarks of Surveh Inc. You may not use them without our prior written consent.
9. Third-Party Services
The Services may integrate with or contain links to third-party services such as payment processors (Stripe), identity providers (Clerk), and analytics platforms (PostHog). Your use of any third-party service is subject to that provider's own terms and privacy policy. Surveh is not responsible for the practices or content of any third party.
10. Termination
You may close your account at any time through your dashboard settings or by contacting us. We may suspend or terminate your access to the Services immediately if you breach these Terms, if required by law, or if we discontinue the Services. Upon termination, your licence to use the Services ceases immediately. Provisions that by their nature should survive termination will remain in effect, including sections on intellectual property, limitation of liability, indemnification, and governing law.
11. Disclaimer of Warranties
The Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components, or that any defects will be corrected. You use the Services at your own risk.
12. Limitation of Liability
To the maximum extent permitted by applicable law, Surveh and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, arising out of or related to your access to or use of (or inability to access or use) the Services.
Our total aggregate liability for all claims arising out of or related to these Terms or the Services will not exceed the greater of (a) the amount you paid to Surveh in the twelve months preceding the claim, or (b) one hundred Canadian dollars (CA$100).
13. Indemnification
You agree to indemnify, defend, and hold harmless Surveh and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, Your Content, or your breach of these Terms.
14. Changes to These Terms
We may modify these Terms from time to time. When we make material changes, we will update the effective date at the top of this page and notify you by email or through the Services at least 30 days before the new terms take effect. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not agree with the changes, you must stop using the Services and close your account.
15. Contact
If you have any questions about these Terms, please contact us:
Email: legal@surveh.ca