SurveyKiller — Terms of Service

Effective date: August 31, 2026

Provider: Eigenlume LLC, a California limited liability company ("Eigenlume," "we," "us," "our"), 2108 N St, Ste N, Sacramento, CA 95816. Service: SurveyKiller, the survey platform available at surveykiller.com and related apps and APIs (the "Service"). Contact: support@surveykiller.com

By creating an account, clicking "I agree," or using the Service, you agree to these Terms of Service (the "Terms"), which include our Acceptable Use Policy. Our Privacy Policy describes how we handle personal information. If you use the Service for an organization, you represent that you are authorized to bind that organization, and "you" includes that organization.

1. Accounts and eligibility

1.1 You must be at least 18 years old (or the age of majority where you live) to purchase a paid plan, and at least 13 to use the Service. The Service is not directed to children under 13.

1.2 You are responsible for your account, for keeping your credentials secure, and for all activity under your account. Tell us promptly at support@surveykiller.com about any unauthorized use.

1.3 Organizations, billing owners, and pooled limits. The Service is organized around "organizations." Every subscription belongs to a billing owner, who is a person, not an organization. Plan limits — including monthly response allotments — are pooled across all organizations that the billing owner owns: usage in any of those organizations draws down the same shared allotment. When you work inside an organization, the plan and limits that apply are those of that organization's owner, not your own. Owners are responsible for their members' use of the Service and for the subscription fees.

1.4 Respondents. A "Respondent" is a person who answers a survey. Respondents do not need an account and are never charged anything — see Section 5.4.

2. The Service; plans

2.1 Plans. SurveyKiller offers Free, Lite, Pro, Business, and Enterprise plans, plus optional one-time add-on packs (Section 3.5). Each plan's features, limits (including monthly response allotments and AI usage), and current prices are shown on our pricing page, which is part of these Terms. The prices and limits that apply are those shown on the pricing page when you purchase or renew. We may change plan features and limits prospectively; if we materially reduce the features or limits of your paid plan, we will give you advance notice and the opportunity to cancel. Changes to fees are governed by Section 3.7.

2.2 Enterprise. Enterprise plans are governed by a separate written agreement. If that agreement conflicts with these Terms, it controls for that customer.

2.3 License. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business or personal purposes during your subscription term.

2.4 Beta and evolving features. Some features (including AI features) may be labeled beta or may change over time and are provided as is. Section 7 applies to AI features.

3. Fees, billing, and automatic renewal

3.1 Subscriptions renew automatically. Paid plans (Lite, Pro, and Business) are recurring subscriptions billed monthly or annually, depending on the billing cycle you choose. Your subscription automatically renews at the end of each billing period — monthly plans each month, annual plans each year — and your payment method is charged the then-current price for your plan at the start of each period, until you cancel. You can cancel at any time as described in Section 4; cancelling stops future renewals.

3.2 Your consent; acknowledgment. Before we charge you, we present the automatic renewal terms — the plan, the price, the billing frequency, the fact that the subscription renews until cancelled, and how to cancel — and we obtain your affirmative consent to those terms separately from the rest of checkout, using a checkbox that is never pre-checked. We keep a record of your consent for at least three years, as California law requires. After you subscribe, we email you an acknowledgment that includes the subscription terms, our cancellation policy, and instructions for cancelling, in a form you can keep.

3.3 Payment. Fees are in U.S. dollars and are processed by Stripe, our payment processor. You authorize us and Stripe to charge your payment method on a recurring basis for subscription fees, applicable taxes, per-seat fees, and any add-on packs you purchase. We never store full payment card numbers; Stripe handles card data.

3.4 Seats (Business plan). The Business plan currently includes 5 seats. You may add seats at the per-seat price shown on the pricing page (currently $25 per seat per month); added seats increase your recurring charge.

3.5 Add-on packs — one-time purchases, no auto-recharge. You may buy optional response packs (available on any plan) and AI credit packs (available on Pro and Business) at the pack sizes and prices shown on the pricing page (currently 1,000 responses for $40 and 500 AI credits for $35). Add-on packs are one-time purchases, not subscriptions: they do not renew, and we do not automatically recharge them. We will never enroll you in a recurring add-on charge without your separate affirmative consent. Purchased balances never expire; they carry over across billing periods, plan changes, and reversion to the Free plan, and they are consumed only after your monthly plan allotment (which resets each period) is used up.

3.6 Upgrades, downgrades, and billing-cycle changes. Upgrades take effect immediately and are prorated: the unused value of your current plan is credited toward the new plan. Downgrades — and switches from annual to monthly billing — take effect at the end of your current paid period; you keep your current plan's features until then.

3.7 Price changes. If we change the price of your subscription, we will send you clear and conspicuous notice of the new price and how to cancel at least 7 days — and no more than 30 days — before the change takes effect, consistent with California law. The new price applies only to billing periods that begin after the notice period. If you do not accept the new price, cancel before it takes effect and you will not be charged it.

3.8 Renewal reminders. In addition to the acknowledgment described in Section 3.2, we send: (a) an advance reminder before each annual renewal, in time for you to cancel before you are charged; and (b) at least once a year, a reminder of your subscription terms and how to cancel.

3.9 Taxes. Fees do not include taxes. You are responsible for applicable sales, use, value-added, or similar taxes, except taxes on our net income.

3.10 Failed payments. If a renewal charge fails, we will notify you and retry the charge for a limited grace period, during which your paid plan stays active. If we still cannot collect payment, your subscription is cancelled and your account reverts to the Free plan. Purchased add-on balances persist (Section 3.5).

4. Cancellation and refunds

4.1 Cancel anytime, online, in a couple of clicks. You can cancel your subscription at any time using the self-service cancel button in your account settings — the same online medium in which you subscribed. Cancellation takes no more than a couple of clicks, and we confirm it both on-screen and by email. We will never make cancellation unreasonably difficult or require you to call, chat, or justify your decision.

4.2 Effect of cancellation. Cancelling stops future renewals and charges. Your paid features continue until the end of the current paid period, after which your account reverts to the Free plan. Purchased add-on balances persist (Section 3.5). To avoid the next charge, cancel before your renewal date.

4.3 Refunds. Except where the law requires otherwise, fees already paid are non-refundable, and we do not provide refunds or credits for partial billing periods, unused allotments or balances, or downgrades. We may choose to issue a refund or credit in a particular case, at our discretion; doing so does not obligate us to do so again. Nothing in this section limits any non-waivable rights you have under California or other applicable law.

5. Your Content and responsibilities

5.1 Your Content. "Your Content" means the surveys, questions, branding (including logos), and other materials you create or upload; the audience and contact lists you upload; and the survey responses you collect. As between you and us, you own Your Content.

5.2 License to us. You grant us a worldwide, non-exclusive license to host, store, copy, process, transmit, display, and back up Your Content solely to provide, secure, and support the Service — including sending relevant content to our AI provider to power the AI features you use (Section 7) — as described in these Terms and the Privacy Policy.

5.3 You control respondent data. You decide what your surveys ask and why. For the survey responses you collect and the contact lists you upload, you are the data controller (or "business"), and we act as your service provider/processor, handling that data on your behalf as described in the Privacy Policy. You are responsible for having a lawful basis to collect and use that data, for giving Respondents and contacts any legally required notices, and for honoring their privacy rights.

5.4 Respondents never pay. Respondents are never charged, paywalled, or shown upgrade or billing prompts in order to complete a survey. Any AI assistance offered to a Respondent is funded entirely by the survey owner's plan.

5.5 Acceptable use. Your use of the Service must comply with our Acceptable Use Policy, which is part of these Terms.

5.6 No specially regulated data. Do not use the Service to collect government-issued identification numbers (including Social Security numbers), full payment card numbers, health or medical information, biometric identifiers, precise geolocation, information about children under 13, or other specially regulated data, unless we have agreed in writing and you meet all legal requirements that apply to that data.

6. Our intellectual property

6.1 The Service — including its software, design, and the SurveyKiller name and logo — is owned by Eigenlume and its licensors. Except for the rights expressly granted to you, we reserve all rights. You may not copy, modify, reverse engineer, resell, or create derivative works of the Service except as permitted by law.

6.2 Feedback. If you send us feedback or suggestions, we may use them without restriction or obligation to you.

7. AI features

7.1 What AI does. The Service offers optional AI features: survey generation and editing, response insights (such as sentiment, topics, and summaries), and an optional Respondent answer-assist. When you use these features, we send the relevant survey content — and, where you enable insights or answer-assist, response data — to our third-party AI provider (currently OpenAI) to generate outputs. Under OpenAI's API terms, business data submitted through the API is, by default, not used to train OpenAI's models.

7.2 AI outputs are drafts, not decisions. AI outputs can be inaccurate, incomplete, or unsuitable. They are suggestions for you to review and edit. AI-generated surveys start as drafts that you must review and publish; AI-suggested answers are shown to Respondents to review, edit, and confirm before submission. You are responsible for reviewing AI outputs before relying on or publishing them, and we do not warrant their accuracy.

7.3 Metering and limits. AI features are metered against your plan's allotments and any purchased AI credits. When those are exhausted, AI features become unavailable until your allotment resets, you purchase AI credits (Pro and Business), or you upgrade — and any Respondent-facing AI assistance simply falls back to the standard manual survey experience, with no charge or prompt to the Respondent. We may set and adjust reasonable limits to protect the Service and manage costs.

7.4 Your inputs. Do not submit content to AI features that you are not permitted to share with a third-party AI processor.

8. Third-party services

The Service is built on third-party providers, including Stripe (payments), Supabase (database, authentication, and file storage), Cloudflare (hosting and content delivery), OpenAI (AI), and Resend (email delivery). Their services are subject to their own terms, and we are not responsible for third-party services we do not control.

9. Suspension and termination

9.1 We may suspend or terminate your access if you materially violate these Terms or the Acceptable Use Policy, fail to pay amounts due, or create security, legal, or abuse risk for us or others. Where practical and lawful, we will give you notice and a chance to fix the problem.

9.2 You may stop using the Service at any time, cancel your subscription (Section 4), delete individual surveys in-product, or request deletion of your account by emailing support@surveykiller.com.

9.3 After termination. When your account is terminated, your right to use the Service ends. For 30 days after termination, you may request an export of Your Content by emailing support@surveykiller.com; after that, we may delete Your Content in accordance with our retention practices and the Privacy Policy. Sections 4.1, 6, 10, 11, 12, 13, and 14 survive termination, along with any other provision that by its nature should survive.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI OUTPUTS WILL BE ACCURATE OR RELIABLE. SURVEYS ARE CREATED AND RUN BY OUR CUSTOMERS, AND WE ARE NOT RESPONSIBLE FOR THEIR CONTENT. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.

11. Limitation of liability

11.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$100.

11.3 These limits do not apply to liability that cannot be limited under applicable law.

12. Indemnification

You will defend, indemnify, and hold harmless Eigenlume and its officers, members, employees, and agents from third-party claims — and resulting damages, costs, and reasonable attorneys' fees — arising out of Your Content, the surveys you run and the data you collect, your violation of these Terms or the Acceptable Use Policy, or your violation of law or the rights of others.

13. Governing law and disputes

13.1 These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules.

13.2 Venue. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Sacramento County, California, and both parties consent to personal jurisdiction and venue there. These Terms do not contain an arbitration clause or a class-action waiver. Nothing in this section prevents either party from bringing an eligible claim in small-claims court or limits rights you cannot waive under applicable law.

14. Changes to these Terms; miscellaneous

14.1 We may update these Terms. If a change is material, we will give you advance notice (for example, by email or in-product) before it takes effect; changes to fees always follow Section 3.7. Your continued use of the Service after an update takes effect constitutes acceptance. If you do not agree to an update, stop using the Service and cancel your subscription before it takes effect.

14.2 These Terms, the Acceptable Use Policy, the Privacy Policy, and (for Enterprise customers) any signed agreement are the entire agreement between us about the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We may send notices to your account email address. Send notices to us at support@surveykiller.com, or by mail to Eigenlume LLC, 2108 N St, Ste N, Sacramento, CA 95816.

Last legal review: 2026-07-06. Effective date: August 31, 2026.