Legal

Terms of service

The rules for using SmartSurv, for clients and for panel members. Last updated: [date].

Draft for legal review. This text is a plain-language draft and is not yet approved by a lawyer. Items in [square brackets] still need to be filled in or confirmed. It is not legal advice.

1. About these terms

These terms are an agreement between you and SmartSurv ([legal entity name and address]). Clients with a signed order form or contract are also bound by it; if the two differ, the signed contract wins. By using SmartSurv you agree to these terms.

Part A: Clients

2. The service

SmartSurv lets you design surveys, invite people from our panel or your own contacts, pay incentives, and see the results. Features may change as we improve the service; we will not remove a core feature you pay for during a paid term without notice.

3. Accounts

You are responsible for the people you give access to and for keeping passwords and API keys secret. Tell us at once if you think an account or key has been misused.

4. Fees and incentives

  • Fees are as shown in your quote, order form or the pricing page, plus applicable taxes.
  • Respondent incentives are prefunded by you. Funds are reserved when a respondent completes and released if the payout fails or is rejected. SmartSurv tracks your balance; payments are made through licensed payment partners.
  • Invoices are due within [30] days. We may pause surveys on accounts that are overdue [confirm].

5. Acceptable use

You must not use SmartSurv to:

  • deceive respondents, sell to them under the cover of research, or collect data you don’t need;
  • ask for passwords, PINs or payment details;
  • collect sensitive data (health, religion, politics, ethnicity, sexuality and similar) without a clear purpose, explicit consent and our prior agreement;
  • survey children [under 18] without our prior agreement and appropriate consent;
  • upload phone numbers without consent you can prove, or use triggers without the customer’s consent;
  • break the law or the messaging channels’ rules, such as WhatsApp Business policies.

6. Data

Your survey content and results belong to you. We process personal data as described in the privacy policy and [the data processing agreement]. Results never include respondents’ phone numbers or names.

7. Quality and results

We take reasonable steps to detect fraud and to show sample sizes and margins of error. Profile data is self-reported. Results are estimates; decisions you make with them are your own.

Part B: Panel members

8. Joining

You must be [18] or older and live in a country where SmartSurv operates. One account per person. Give honest answers and true profile details.

9. Rewards

  • You earn the reward shown in the invitation when you finish a survey and your answers pass our quality checks.
  • We may hold a payment for review, and may refuse it if we find fraud, such as several accounts, shared devices used to cheat, copied answers or automated answers.
  • Wallet balances can be cashed out once they reach the minimum shown in your wallet. Level bonuses and referral bonuses follow the rules shown in the wallet and may change.
  • If you delete your data, a balance at or above the minimum cash-out is paid to you first; a smaller balance is forfeited. [Confirm treatment of balances on closed or blocked accounts.]

10. Leaving

Reply STOP at any time to stop surveys, or DELETE to delete your data. We may close accounts that break these terms.

Part C: Everyone

11. Our liability

SmartSurv is provided with reasonable skill and care. To the extent the law allows, we are not liable for indirect losses, and our total liability to a client is limited to [the fees paid in the 12 months before the claim]. Nothing limits liability that cannot be limited by law.

12. Changes

We may update these terms. We will post the new version here and tell clients and panel members about important changes in advance.

13. Law

These terms are governed by the laws of [Ghana], and the courts of [Accra] have jurisdiction [confirm, and consider local law for each country].

14. Contact

hello@smartsurvafrica.com