SurveyMonkey’s legal framework is a layered set of documents. Which layer applies depends on how a service was purchased, and the Service-Specific Terms page sets this out: a customer’s user agreement is the Terms of Use for self-serve customers, or the Governing Services Agreement and an order document for enterprise customers, and a further service-specific document applies to particular services.[3] The Terms of Use say they do not apply to services that are available solely through the enterprise sales channel, and point to the Governing Services Agreement for services bought through enterprise sales and an End Customer Terms of Use for services bought through a third party.[1] The company traded as Momentive for a period and announced on 2023-06-13 that it would return to the SurveyMonkey brand; legal documents now use the SurveyMonkey name.[8]
Document hierarchy
Self-serve
The Terms of Use (TOU) apply to services a customer buys or signs up for on SurveyMonkey’s websites and that are branded SurveyMonkey, Wufoo or GetFeedback.[1] The TOU combine with “Additional Terms”, meaning Service-Specific Terms and Country-Specific Terms, and the Additional Terms prevail over the TOU where they conflict.[1] The version on the page lists the current TOU as effective December 27, 2025, with previous versions available from July 2024 back to 2018.[1] SurveyMonkey may change the terms at any time; material amendments are notified in advance by email, and continued use after the new terms take effect indicates agreement.[1]
Enterprise
The Governing Services Agreement (GSA) is the master agreement. “Agreement” means the GSA with Order Forms, other mutually executed documents, hyperlinked terms such as the Data Processing Agreement, and the service-specific terms (SSTs).[2] Each Order Form incorporates the GSA and is a separate contract between the entities that sign it.[2] The GSA lists an order of precedence among documents in its general section, and the Enterprise SSTs state that they prevail over the Agreement in a conflict.[2] [5]
Service-specific terms
The index lists these documents.[3]
| Customer | Documents |
|---|---|
| Self-serve | Survey Platform Terms of Service (Team plans); Audience Terms of Service; Benchmarks; AI Service-Specific Terms; Connector Service-Specific Terms |
| Enterprise | SurveyMonkey Enterprise Service-Specific Terms; Enterprise Audience Terms of Service; Benchmarks; SurveyMonkey Apply Service-Specific Terms; Trial Account Terms of Service; Connector Service-Specific Terms |
Contracting entity and law
| Customer location | Entity (TOU) | Entity (GSA) | Law and courts |
|---|---|---|---|
| United States | SurveyMonkey Inc. | SurveyMonkey Inc. | California; San Francisco |
| Brazil | SurveyMonkey Brasil Internet Ltda. | SurveyMonkey Europe UC (anywhere other than the United States) | TOU: Brazil, courts of São Paulo; GSA: Ireland, Dublin |
| Elsewhere | SurveyMonkey Europe UC | SurveyMonkey Europe UC | Ireland; Dublin |
The TOU name SurveyMonkey Inc. for the USA, SurveyMonkey Brasil Internet Ltda. for Brazil and SurveyMonkey Europe UC for everywhere else.[1] The GSA’s contracting entity table has two rows: SurveyMonkey Inc. for customers located in the United States and SurveyMonkey Europe UC for customers anywhere other than the United States, determined by the customer’s business address on the Order Form.[2] A multinational customer with accounts in several countries may therefore hold agreements with different entities.
Use rights and restrictions
- One individual per account. Both the TOU and the GSA say accounts may not be shared and may be used by only one individual per account.[1] [2]
- Business use. Paid Services are “built for, and intended for purchase and use by sole practitioners, entities and organizations for business and professional purposes”, with the Basic plan the exception.[1]
- Acceptable Uses Policy. Both contracts require compliance with the Acceptable Uses Policy, and the GSA summary lists no use by minors and no reverse engineering among the examples.[2]
- Export controls. Use is prohibited in specified countries and regions and by listed parties.[1]
- No audit clause. The TOU, the GSA and the Enterprise SSTs reviewed do not contain a software audit or licence verification clause. The only compliance-verification wording found is in the Wufoo API terms, under which the customer assists SurveyMonkey, on request, in verifying compliance by providing information about its application.[1] Enforcement of entitlement is by the service itself (seat counts, response counters, overage charges) and by suspension rights.
- Suspension. Under the GSA, SurveyMonkey may limit or suspend the Services for maintenance, a suspected violation of the acceptable-use section, to prevent material harm, or as required by law, with reasonable advance notice where practicable.[2]
Termination, assignment and publicity
Under the TOU a customer can cancel a subscription immediately; mid-cycle cancellation is not refunded except for uncured material breach by SurveyMonkey, a legal requirement or SurveyMonkey’s discretion. SurveyMonkey may cancel a subscription at the end of a billing cycle on at least 30 days’ written notice without refund for prior periods, or at any time in a billing cycle on at least 90 days’ notice with a pro rata refund, or for cause (uncured breach after 30 days, insolvency not dismissed within 90 days, non-payment for 30 days, use that causes liability or disrupts others, an investigation of suspected misconduct, or legal requirement).[1] The TOU allow SurveyMonkey to assign the terms at any time without notice while the customer needs consent; the GSA says that sale of substantially all assets or an acquisition or merger of a party is not deemed an assignment.[1] [2] Both contracts allow SurveyMonkey to identify the customer by name and logo as a customer.[1] [2] The GSA term continues until either party terminates on 30 days’ written notice, independently of Order Form terms.[2] A purchase order’s own terms do not apply under the TOU: terms on a purchase order or in a procurement portal “do not apply to the Services, do not override or form a part of these Terms, and are void”.[1]
SurveyMonkey AI
SurveyMonkey AI means any generative AI feature or functionality made available by SurveyMonkey and is a feature of the Service, not a separate licence.[4] The Self-Serve AI Service-Specific Terms, effective December 27, 2025, state that input and output are the customer’s Content, that the customer may not input confidential or sensitive information such as protected health information, and that SurveyMonkey AI is not a service under any Business Associate Agreement and is not available or intended for use with HIPAA-enabled services.[4] Restrictions include not using AI or its output to develop competing models, not reverse engineering the AI, not misrepresenting output as solely human-generated, not using it to generate spam or electoral content, and using it only in geographies supported by OpenAI; use is subject to usage limits, and exceeding them blocks the feature until the restriction clears.[4] The Enterprise SSTs contain equivalent terms in section 3, adding that downtime from a third-party service failure is excluded from availability calculations.[5]
Connector Feature
The Connector Feature allows the customer to connect the Services with third-party services, models, applications or tools, including through Model Context Protocol (MCP) server connections.[6] The terms, updated April 23, 2026, provide that it may be used only with Third-Party Connector Services that SurveyMonkey makes available or expressly approves in writing, that the customer authorizes data transfers needed for the interoperability, and that the customer is solely responsible for actions taken in the Services through a third-party connector on its behalf. They forbid using the feature to benchmark or scrape it or to train or improve AI or machine learning models, unless SurveyMonkey enables this in writing.[6]
Trials and betas
Trial Services run for the period on the order form, not exceeding 30 days, for internal trial and evaluation only; either party may terminate at any time on written notice, the services are as-is and SurveyMonkey’s liability for them is limited to US$100.[7] Beta Services under the TOU are offered as-is and are confidential until officially launched.[1]
Out of scope
This article does not summarise the Data Processing Agreement, the Acceptable Uses Policy, the Country-Specific Terms, the federal and state government amendments, or the liability, indemnity and confidentiality clauses. It does not cover the SurveyMonkey Contribute terms of service, which are written for panelists. It does not address data protection compliance.