PsychData is owned and operated by Divergent Web Solutions, LLC (“PsychData,” “we,” “us,” or “our”). PsychData provides and maintains the Internet websites psychdata.com (the “Site”), app.psychdata.com, surveys.psychdata.com, survey.psychdata.com and any other platforms or services we operate to offer products and services to build and host surveys (the “Services”) for data collection by its customers (“Members”). Use of the Site and Services is governed by these Terms of Agreement (“Agreement” or “Terms”) and any additional policies incorporated herein.

1. Acknowledgment and Acceptance of Agreement

1. 1. By creating an account or purchasing Services, you (“Member”) understand, acknowledge, and accept these Terms, as amended from time to time.
   2. Member warrants that Member is at least eighteen (18) years of age or older.
   3. By using the Site or Services, Member also agrees to review our Privacy Policy to understand how we collect, use, and protect personal data.
   4. If you intend to collect data from individuals located in certain jurisdictions (e.g., the European Economic Area), you may be subject to additional obligations regarding data protection.

2. Services Provided

2.1 Subscription Plans

• • • PsychData offers multiple Plans (“Plans”) on either a monthly or annual basis (or another duration as specified). Your Plan grants you access to our survey-building and hosting Services for the subscribed term (the “Term”).
    • Standard (Single User): Includes core survey-building features and a set number of emails per subscription period.
    • Pro (Single User): Includes all Standard features plus a higher email quota and potentially other additional features.
    • Team (Multi-User): Allows multiple sub-users under a single account, enabling collaborative management of surveys and data.
    • Enterprise (Multi-User): Similar to Team but typically offers more sub-users and may feature discounted or custom pricing.

Exact features, email quotas, user limits, and pricing for each Plan are detailed on our website or in your order form. PsychData reserves the right to modify plan features or pricing at any time, in accordance with these Terms.

2.2 Account Expiration and Data Retention

1. 1. 1. When your subscribed Term ends without renewal, your account will expire at the conclusion of the billing cycle.
      2. For fourteen (14) days after expiration, your surveys and data remain accessible in a read-only mode unless otherwise stated in your Plan.
      3. On the fifteenth (15th) day post-expiration, all surveys, data, and related content in your account may be permanently deleted. PsychData reserves the right (but not the obligation) to store any data beyond the Term at its discretion.

2.3 Emails and Additional Email Bundles

1. 1. 1. Included Emails
         • Each Plan has a specific quota of emails for distributing surveys or sending reminders. Pro plans generally receive more monthly or annual emails than Standard plans, while Team and Enterprise Plans have quotas scaled to the number of sub-users or a custom agreement.
      2. Additional Email Bundles
         • If you run out of included emails, you may purchase additional email bundles (“Email Bundles”) for an extra fee. Each Email Bundle provides a specific quantity of emails that can be used to distribute surveys or send reminders.
         • No Automatic Refresh: Email Bundles do not renew or refresh automatically. Once the emails in a bundle are consumed, you may purchase another bundle if needed.
         • Validity and Forfeiture: Unused emails in a purchased bundle remain available while your subscription is active, unless stated otherwise. If your subscription expires or terminates, any remaining unused emails may be forfeited. PsychData is not obligated to refund or roll over unused emails.
         • No Refunds: Email Bundle purchases are final and non-refundable, unless otherwise required by law or expressly stated by PsychData.

2.4 Group Plans / Multiple Members

• • • Team and Enterprise Plans allow multiple individuals (“sub-users”) to access and use one account. The primary account owner (the individual or entity purchasing the Plan) is fully responsible for ensuring all sub-users comply with these Terms.
    • Any actions taken by a sub-user within the account are deemed actions of the primary account owner.
    • PsychData may suspend or terminate the entire Group Plan if any sub-user violates these Terms.

2.5 Survey Data and Technical Support

• • • PsychData does not supply survey respondents. You may download survey response data at any time during your subscription. We provide limited technical support for data downloads but are not responsible for transforming or analyzing your data once downloaded.

3. Modifications to Services

1. 1. Member acknowledges that PsychData may, with or without notice, modify, remove, or amend its Services or the Site.
   2. PsychData may also modify these Terms at any time by posting revised Terms on the Site. PsychData will attempt to notify Members of changes to fees by email. Any continued use of the Site or Services after these changes are posted or emailed constitutes acceptance of such changes.

4. Terms of Payment

1. 1. Member agrees to pay all fees and charges at the rates in effect when such charges are incurred.
   2. Payment Processing: We do not store your credit card or other billing information on our servers. When you make a payment, your billing details (e.g., credit card number) are collected and processed by our third-party payment processor (e.g., Stripe). We encourage you to review Stripe’s Privacy Policy to understand how they handle your payment information.
   3. Refund Policy: All sales are considered final unless otherwise noted. PsychData may issue refunds at its sole discretion.
   4. Automatic Renewal and Stripe Payments: Certain paid Plans are billed on a recurring, periodic subscription. Unless canceled prior to the renewal date, your subscription will automatically renew at the end of each billing period. All renewal payments are processed via Stripe, and you authorize PsychData (through Stripe) to collect the applicable fee for each renewal using any payment method on file.
   5. PsychData reserves the right to terminate the Member’s account at any time at its sole discretion without providing a refund if these Terms are violated.
   6. Member is responsible for keeping all billing and personal information accurate and up to date. Member is also responsible for maintaining the confidentiality of their login credentials (including those of any sub-users in a Group Plan).

5. Disclaimer of Warranties and Limited Guarantee

1. 1. “As Is” and “As Available”: Services and the Site are provided on an “as is” and “as available” basis. Member acknowledges that use of the Services is at Member’s sole risk.
   2. Limited Guarantee:
      • If a Member cannot build a survey that meets or approximates their needs, PsychData will provide assistance or may, in its sole discretion, offer a full refund and terminate the contract.
      • If survey data does not meet PsychData’s data export standards in effect at the time, PsychData will attempt to repair the data or may, in its sole discretion, provide a full refund and terminate the contract.
   3. No Other Warranties: Except for the limited guarantee described above, and to the fullest extent allowed by law, PsychData disclaims all warranties, express or implied, including (but not limited to) warranties of merchantability, fitness for a particular purpose, and non-infringement.
   4. PsychData does not warrant that Services will be uninterrupted, timely, secure, virus-free, or error-free. Member understands that any content or data downloaded or otherwise obtained through the Site is done at Member’s own discretion and risk.

6. Limitation of Liability

To the fullest extent permissible under applicable law, neither PsychData nor its parent entities, subsidiaries, affiliates, owners, officers, agents, or employees shall be liable for any direct, indirect, special, incidental, consequential, or punitive damages arising from or related to Member’s use of or inability to use the Services or the Site. If Member is dissatisfied with the Site or Services, Member’s sole and exclusive remedy is to discontinue using them immediately.

7. Prohibited Uses

1. 1. Member agrees not to transmit or distribute through the Site any content that is pornographic, obscene, offensive, threatening, harassing, hate-oriented, defamatory, racist, illegal, or otherwise objectionable.
   2. Member agrees not to collect or store prohibited sensitive data (e.g., Social Security numbers or credit card details) in any survey unless explicitly authorized by law and accompanied by a written agreement with PsychData.
   3. Member agrees not to send unsolicited emails (SPAM) related to surveys hosted by the Site.
   4. Any violation of these prohibited uses may result in immediate termination of the Member’s account (including any Group Plan sub-accounts) without refund. PsychData may report such conduct to the appropriate authorities.

8. Email Distribution and Compliance

1. 1. Compliance with Anti-Spam Laws
      • When distributing surveys via email through the Services, Members (and sub-users) must comply with all applicable laws and regulations governing email communications, including but not limited to the CAN-SPAM Act, Canada’s Anti-Spam Legislation (CASL), and any other relevant data protection or anti-spam legislation.
      • Member represents and warrants that Member has a lawful basis (e.g., consent, existing business relationship) to send emails to the recipients, and will provide a clear and conspicuous means for recipients to opt out of future messages if required by law.
   2. Prohibited Email Practices
      • Member and sub-users shall not use the Services to send threatening or harassing emails, or any emails that violate the rights of recipients or third parties.
      • Member shall not engage in deceptive practices such as falsified headers or subject lines.
   3. Member Responsibility and Indemnification
      • Member is solely responsible for the content and legality of emails sent through the Services and agrees to indemnify, defend, and hold harmless PsychData, its parent entities, subsidiaries, affiliates, officers, owners, agents, and employees from any claims, damages, or liabilities arising out of or related to Member’s (or its sub-users’) violation of applicable email marketing laws.
      • PsychData disclaims any liability for the content, distribution, or legality of Member’s email communications; all email sending is performed at Member’s own risk.
   4. Monitoring and Enforcement
      • PsychData may (but is not obligated to) monitor email distributions for potential violations. If we determine that a Member is engaging in unlawful or abusive email practices, we may suspend or terminate the account without notice or refund.
   5. Consent to Recipient Data
      • If Member collects or uses personal data (e.g., email addresses) in connection with sending surveys, Member represents that it has all necessary consents under applicable data protection laws. PsychData acts solely as a data processor/service provider regarding the emails and disclaims any liability arising from Member’s failure to obtain valid consent.

9. Proprietary Rights

1. 1. PsychData owns all materials and content on the Site to the extent created or provided by PsychData. These materials are protected by copyrights, trademarks, patents, and other proprietary rights.
   2. Member is permitted a limited license to use the Site and Services solely for legitimate data-collection activities. Data collected via surveys is the property of the Member.
   3. Surveys created with our Services may retain some form of PsychData branding or identification. Any modification, reproduction, or distribution of the Site’s content without PsychData’s authorization is prohibited.

10 Third-Party Oversight Bodies

1. 1. PsychData assumes Members comply with all ethical, legal, and other applicable standards (e.g., IRB approval) before conducting research using the Services.
   2. We reserve the right to require proof of such compliance if deemed necessary. Any effects on participants resulting from a Member’s survey are the sole responsibility of the Member.

11. Links and Advertising

The Site may contain links to third-party sites or advertising. PsychData does not review or endorse these third parties, nor is it responsible for their content, products, or services.

12. Termination of Agreement

Either party may terminate this Agreement at any time. PsychData is not liable for any claims regarding termination of Services. If Member becomes dissatisfied with this Agreement or any changes thereto, Member’s sole recourse is to stop using the Site and Services. Upon termination, Member’s license to use the Services and the Site ceases immediately, and any stored data may be deleted at PsychData’s discretion.

13. Indemnification

Member agrees to defend, indemnify, and hold harmless PsychData, its subsidiaries, affiliates, officers, owners, agents, and employees from any claims, losses, or demands (including attorneys’ fees) arising out of Member’s use of the Site or Services, including any breach of these Terms by Member or any sub-user under a Group Plan.

14. Legal Jurisdiction

This Agreement and any related disputes shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles. Any legal action related to these Terms shall be brought in the state or federal courts located in Texas. Member consents to such jurisdiction and waives any objection to such venue.

15. Nature of the Agreement

These Terms constitute the entire agreement between Member and PsychData regarding the Services, superseding any prior agreements. Each use of the Services reaffirms acceptance of these Terms. PsychData’s failure to enforce any provision does not waive its right to do so later.

16. Maintenance Window

Scheduled server maintenance may occur from midnight to 2:00 AM Central Time, during which the Site or Services may be unavailable. PsychData reserves the right to perform urgent, unscheduled maintenance if required, which may include automatic updates or feature changes.

17. Data Security

Member acknowledges that while PsychData applies industry-standard security measures (as outlined in our Security Statement), Member is responsible for implementing secure practices (e.g., strong passwords, authorized access controls). Although we maintain backups to facilitate data recovery, no backup system is infallible, and we do not guarantee that data loss will never occur. By using our Services, you acknowledge and accept this risk.

18. Force Majeure

PsychData shall not be deemed in breach of these Terms if its performance is prevented, restricted, or interfered with by causes beyond its reasonable control. Such causes include but are not limited to: natural disasters, fires, floods, earthquakes, explosions or other acts of God; war, terrorism, civil unrest, or other acts of violence; strikes, labor disputes, or shortages; distributed denial-of-service (DDoS) attacks or other malicious cyberattacks (including ransomware); data center or cloud hosting outages; utility failures or interruptions of any kind; acts or orders of governmental authorities; or any other cause, whether similar or dissimilar, beyond the reasonable control of PsychData. PsychData will use commercially reasonable efforts to resume performance whenever such causes are removed.

Last Updated: April 1, 2025