Terms of Service

1. Agreement

Send the Survey is operated by Mar&Co Management B.V., registered in the Netherlands, Chamber of Commerce (KvK) number 94664404 ("Send the Survey", "we", "us", "our"). These terms are a binding agreement between you and us. They govern your use of sendthesurvey.com, the Send the Survey app, its API and its connections for AI agents (together, the "Service").

By creating an account or using the Service you agree to these terms. If you do not agree, do not use the Service. If you accept these terms on behalf of an organisation, you confirm that you are authorised to bind it, and "you" then includes that organisation.

Our Privacy Policy explains how we handle personal data and forms part of these terms.

2. The Service

Send the Survey lets you build surveys, publish them as links, invite respondents, collect responses and export the results. It includes branching and randomisation, test and simulated responses, generated drafts of ethics paperwork, import from other survey tools, an AI assistant, teams in which researchers share surveys and one plan, and an API through which AI agents can work on surveys for you. Some features are available only on paid plans.

Respondents answer surveys without creating an account.

3. Accounts and security

You must be at least 16 years old to create an account. You agree to give accurate information and to keep it up to date.

Keep your password, your API keys and access to the Google or Microsoft account you sign in with to yourself. We recommend turning on two-factor authentication. You are responsible for activity under your account, including activity by API keys you create and AI agents you connect. Tell us promptly at hi@sendthesurvey.com if you think someone has used your account without permission.

Every account belongs to at least one team. A team has owners and members. Owners invite and remove people, manage the plan and the billing details, and revoke API keys. Members can see and work on the surveys shared with the team and their results. A survey stays private to the person who made it until that person shares it. An API key belongs to the team it was created in, and it keeps working after the person who made it leaves the team or deletes their account, until an owner revokes it. If you invite someone to a team, you confirm that you may send them the invitation. An invitation is valid for 7 days.

An AI agent can create a survey draft for you and give you a link to claim it. Anyone who has that link can claim the draft, so keep it private. An unclaimed draft cannot collect responses and is deleted after 7 days.

4. Respondents and your responsibilities

For the personal data you collect with the Service, you are the controller and we are your processor. You are responsible for how you collect and use that data. In particular, you agree to

• have a lawful basis under the GDPR, or under the law that applies to you, for every survey you run and every person you invite,
• tell respondents who you are, what you collect, why, how long you keep it and how they can exercise their rights, for example in an information sheet or privacy notice,
• obtain consent where your lawful basis requires it, for example with a consent question at the start of the survey,
• obtain approval from an ethics committee before collecting data, where your institution, your funder or the law requires it,
• choose the identity mode that matches what you told respondents and what your approval allows, so a survey described as anonymous does not collect email addresses,
• invite by email only people you are allowed to contact, and not put personal data such as email addresses into survey links,
• collect special categories of personal data, such as health data, only where the law allows it and with the safeguards it requires,
• obtain the consent of a parent or guardian where you survey children and the law requires it,
• handle requests from respondents who want to access, correct or delete their data, and tell us if you need our help.

5. Processing personal data on your behalf

When we process respondent data for you, we

• process it only on your documented instructions, which are these terms, the settings you choose and the actions you take in the Service, and tell you if we believe an instruction breaks data protection law,
• make sure that everyone at our company who can access it is bound by confidentiality,
• protect it with appropriate technical and organisational measures, as described in section 10 of our Privacy Policy,
• use only the sub-processors listed in section 7 of our Privacy Policy, bind them to the same data protection obligations, and give notice before adding a new one so that you can object,
• help you, as far as reasonably possible, to respond to requests from respondents and to meet your obligations on security, breach notification and data protection impact assessments,
• inform you without undue delay after we become aware of a personal data breach that affects your respondent data,
• delete it when you delete it in the Service, which for a survey means 30 days after it goes to the bin or at once when you delete it for ever from there, or when our agreement ends, after you have had the chance to export it, unless the law requires us to keep it,
• make available the information you reasonably need to verify these commitments.

6. Acceptable use

You agree not to use the Service to

• send spam or invitations to people you have no lawful basis to contact,
• ask for passwords, account details, or card or bank details,
• pretend to be a person or organisation you are not, for example by presenting a survey as coming from a university or company that did not send it,
• harass, threaten or target anyone,
• collect personal data unlawfully, or run a survey that is otherwise illegal or infringes the rights of others,
• gain unauthorised access to the Service, disrupt or overload it, or get around its security, rate limits or usage limits,
• copy, resell or offer the Service to others as your own service without our written agreement.

Every published survey can be reported to us by anyone who receives it. We may review a reported survey, close it, limit what an account can publish or send, or suspend an account where we reasonably believe these rules are broken or respondents are at risk.

7. Your content and our licence to host it

You keep all rights in the surveys you create and the responses you collect ("your content"). You give us a non-exclusive, non-transferable licence to host, store, copy, process, transmit and display your content only as far as needed to provide, secure and support the Service for you. This includes passing it to our processors, for example to our AI provider when you use the AI assistant. The licence ends when your content is deleted, except where the law requires us to keep it.

You confirm that you have the rights needed for your content, including permission to use questionnaires or scales created by others. Templates we provide carry their own licence information, and you agree to follow it.

The Service itself, including its software, design and brand, belongs to us or our licensors. If you send us feedback, we may use it without any obligation to you.

8. Plans and payment

Send the Survey has a free plan and a paid plan, Pro. A plan belongs to a team, and only an owner of the team can change it. Pro is priced per seat per month, and every member of the team counts as a seat. The features of each plan and the price are shown at the point of purchase, and that price applies. Prices are shown without VAT. VAT is added where it applies, based on the billing country and, for a business in the EU, on whether its VAT number is confirmed by the EU's VIES service.

Payments are handled by Mollie B.V. An upgrade starts with a first payment on Mollie's checkout page, which also authorises later charges. The subscription then renews every month and is charged in advance until it is cancelled. If the team changes size and an owner updates the seat count, the new amount applies from the next charge, and the period already paid is not adjusted. Each payment that succeeds gets an invoice made out to the billing details the owner entered. Paid plans are non-refundable, except where the law requires otherwise. We do not store your card or bank account numbers.

An owner can cancel the plan in the plan settings. Cancelling stops future charges.

We may change prices for future billing periods. We will tell you in reasonable time before a change applies to you.

When a paid plan ends, you lose the paid features but nothing is deleted. Surveys you already published keep collecting, and everything you collected stays readable and exportable. You cannot publish a new survey that uses paid features.

On the free plan, responses that were started but not finished are deleted after 90 days. Completed responses are never deleted automatically, on any plan.

9. Availability and changes to the Service

We work to keep the Service reliable, but we do not promise that it will always be available or free of errors. We may need to interrupt it for maintenance or to deal with security issues. We may add, change or remove features. If we remove or materially reduce a feature you pay for, we will give you reasonable notice. We recommend exporting important data regularly.

10. Termination and deletion

You may stop using the Service at any time and delete your account in your account settings. Deleting your account does not delete everything. Surveys you shared with a team stay with that team. Surveys you kept to yourself stay stored with their responses, but nobody can open them any more. A team of your own stays too, with its plan and billing details. Before you delete your account, export what you want to keep, cancel any paid plan you no longer need, and make sure another owner is in place for a team you share with others. To have your private surveys, their responses and participant lists, and your own team removed as well, email hi@sendthesurvey.com.

We may suspend or end your access if you break these terms, if the law requires it, or to protect the Service, other customers or respondents. Where reasonable, we will tell you first and give you the chance to export your data.

If we stop offering the Service altogether, we will give you reasonable notice and time to export your data.

Sections that by their nature should continue after termination, such as sections 4, 5, 7, 11 and 12, continue to apply.

11. Disclaimers

The Service is provided "as is" and "as available", without warranties of any kind, to the extent the law allows.

You are responsible for the design of your surveys, your analysis and the conclusions you draw. Validation and simulation help you find problems before you collect data, but they do not guarantee that a survey is free of errors. The AI assistant can make mistakes, so review its changes before you publish. Generated ethics paperwork is a draft for you to check and complete. It is not legal advice and not an approval from any committee. Surveys imported from other tools may not carry every setting across, so check them before use.

12. Limitation of liability

Nothing in these terms limits liability that cannot be limited by law, including liability for intent or gross negligence, for death or personal injury caused by our negligence, or your mandatory rights as a consumer under Dutch law.

Subject to that, and to the maximum extent the law allows, we are not liable for indirect or consequential loss, loss of profit, or loss of data that you could have prevented by exporting it. Because the free plan is provided without charge, our total liability arising from it is limited to the maximum extent the law allows. For paid plans, our total liability is limited to the fees you paid in the twelve months before the event giving rise to the claim.

13. Governing law and disputes

These terms are governed by the law of the Netherlands. Disputes will be submitted to the competent court in the Netherlands, unless mandatory consumer law gives you the right to bring proceedings elsewhere.

14. Changes to these terms

We may update these terms. We show the effective date at the top. If a change is material, we will tell account holders in reasonable time before it takes effect, by email or with a notice in the app. If you do not agree with the change, you can stop using the Service and delete your account before it takes effect. If you keep using the Service after that date, the updated terms apply.

15. General

If any provision of these terms is found unenforceable, the rest remain in effect. If we do not enforce a provision, that is not a waiver of it. You may not transfer your rights under these terms without our consent. We may transfer ours to a successor of our business. These terms, together with the Privacy Policy, are the entire agreement between you and us about the Service.

16. Contact

Questions about these terms? Email hi@sendthesurvey.com.