Terms of service

1. About these Terms

These Terms of Service (the “Terms”) are an agreement between Usertick Ltd (“Usertick”), a company registered in England and Wales under company number 17517933, with its registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom, and the organization or person that creates an account or uses the Service (the “Customer” or “you”).

These Terms cover the use of the Service on every Plan, the Free plan included, and every purchase of a paid Plan, Extra responses or Extra emails. The Data Processing Addendum (the “DPA”) forms part of these Terms. You accept these Terms when you create an account, buy a Plan, Extra responses or Extra emails, or use the Service. If you accept them for an organization, “you” and the “Customer” mean that organization.

2. Definitions

• “Customer Data” means the data that the Customer, its Users, or the people who answer its surveys submit to the Service, including surveys, responses, contacts and files, and the results and AI outputs the Service produces from that data.
• “Customer Personal Data” means the personal data within Customer Data that Usertick processes on the Customer’s behalf.
• “Extra responses” means responses bought in a one-time purchase, which Usertick uses after the Plan’s monthly response limit is reached.
• “Extra emails” means survey emails bought in a one-time purchase, which Usertick uses after the Plan’s monthly email allowance is reached.
• “Order” means a written order form or proposal for an Enterprise or other custom Plan that Usertick and the Customer agree, together with the payment link Usertick sends for it.
• “Organization” means the Customer’s workspace in the Service, which holds its members, sites, surveys and Customer Data.
• “Plan” means the Free plan, a paid plan (Starter, Pro or Business) or a custom plan set by an Order, each with the limits, features and fees described on the pricing page or in the Order.
• “Service” means Usertick’s hosted software, including the dashboard, the website widget, hosted survey pages, email sending, the REST API, the integrations Usertick provides and related support.
• “Stripe” means Stripe, the payment provider. Its affiliate Sold through Link, LLC (“Link”) is the merchant of record for the payments for paid Plans, Extra responses and Extra emails, which it processes on Usertick’s behalf.
• “Subscription Term” means the monthly or yearly billing period of a paid Plan, and each renewal of it.
• “Users” means the people the Customer allows to use its Organization, such as its members.

3. Business and professional use

Usertick is provided for business and professional use. When you create an account, including as an individual, you confirm that you use Usertick for your trade, business, craft or profession and not as a consumer. If the law nevertheless treats you as a consumer, you keep the rights that it gives consumers and that a contract can’t exclude or limit.

You must be at least 18 years old to create an account. If you accept these Terms for an organization, you confirm that you have the authority to bind it.

4. Accounts, security and the organization owner

You must give accurate details when you register and keep them up to date. You are responsible for keeping sign-in credentials confidential and for all activity under your account and your Organization. Usertick recommends two-factor authentication, which every Plan includes. If you believe someone has used an account without permission, tell Usertick at security@usertick.com without delay.

Each Organization has one owner. The owner can transfer ownership to another member, controls the deletion of the Organization, and receives the notices Usertick sends under these Terms. Members with billing rights can buy, change and cancel Plans and buy Extra responses and Extra emails. Actions that the owner and members take within the permissions their roles give them bind the Customer. The Customer is responsible for its Users’ compliance with these Terms.

5. Plans, fees and payment

5.1 Plans and limits

Each Plan includes the limits and features shown on the pricing page when you choose it, or in the Order for a custom Plan. The Organization’s billing settings show its Plan, its limits and its use. Responses are counted for the whole Organization per calendar month. When the Organization reaches its monthly response limit, collection stops until the next month, unless the Organization upgrades its Plan or uses Extra responses under section 5.9.

5.2 The Free plan

The Free plan has no charge and no time limit. Usertick may change the limits or features of the Free plan, or stop offering it, with reasonable notice.

5.3 Prices and tax

Prices are in US dollars and exclude tax. VAT or sales tax for your country is added at checkout. Checkout may offer to charge you in your local currency at the exchange rate it shows, and you can choose to pay in US dollars instead.

5.4 Payments through Stripe

Usertick sells paid Plans, Extra responses and Extra emails through Stripe. Link is the merchant of record for these payments: it processes your payment on Usertick’s behalf, calculates and collects any tax that applies, and handles payment, billing and refund requests under the Sold Through Link Terms and Link’s refund policy. Receipts and invoices come from Link, and your card statement shows the charge as “LINK.COM*”. Usertick never receives or stores your card details. Usertick Ltd provides the Service and remains responsible for it, including product support.

Usertick offers the Service, the Free plan included, only to customers based in a country where Link calculates and collects the tax, as listed in the billing documentation. You must give your true billing country.

5.5 Renewal and cancellation

A paid Plan is billed in advance for each monthly or yearly Subscription Term. It renews automatically at the end of each Subscription Term, at the price shown at checkout, until you cancel it. A new price applies to a renewal only after notice under section 5.8.

You can cancel a paid Plan at any time in the Organization’s billing settings, or in your Link account at link.com. A cancellation takes effect at the end of the current Subscription Term. Until then the Plan keeps working, and then the Organization moves to the Free plan. Canceling does not delete the Organization or its Customer Data.

5.6 Plan changes

An upgrade to a higher Plan, or from monthly to yearly billing, takes effect when Stripe has charged the prorated difference for the rest of the current Subscription Term. A downgrade to a lower paid Plan, a move to the Free plan, and a move from yearly to monthly billing take effect at the end of the current Subscription Term, and you can undo them until then.

When the Organization moves to a Plan with lower limits or fewer features, Usertick applies the new Plan on the date of the change. Items over the new limits, and features the new Plan doesn’t include, are paused or limited. Nothing is deleted because of a Plan change.

5.7 Failed payments and returned payments

If a payment for a paid Plan fails, Stripe retries it. The paid Plan keeps working for up to 14 days from the first failed payment. If the payment has not gone through when those 14 days end, Usertick cancels the subscription and the Organization moves to the Free plan.

If the payment for the current billing period of a paid Plan is refunded in full, or is returned to the payer at the end of a payment dispute, Usertick cancels the subscription at once and the Organization moves to the Free plan.

5.8 Price changes

Usertick may change the price of a paid Plan. Usertick gives at least 30 days’ notice by email to the owner before a new price applies to your next renewal. If you do not accept the new price, you can cancel before that renewal.

5.9 Extra responses and Extra emails

Every Plan, the Free plan included, can buy Extra responses at the prices shown on the pricing page. Each purchase is a one-time payment and does not renew. Usertick uses Extra responses only after the responses included in the Plan for the calendar month have been used, and only while the Organization has chosen to use them. Extra responses never expire, remain available after a Plan change or a cancellation, and are not refunded, except that if Usertick ends the agreement for convenience under section 18.3, it refunds in proportion the price paid for the Extra responses that remain unused when the agreement ends. They are deleted together with the Organization.

Every Plan, the Free plan included, can buy Extra emails at the prices shown on the pricing page. Each purchase is a one-time payment and does not renew. Usertick uses Extra emails only for survey emails that it sends for the Organization, and only after the emails included in the Plan for the calendar month have been used. Emails that the Organization sends through its own email provider never use them. Extra emails never expire, remain available after a Plan change or a cancellation, and are not refunded, except that if Usertick ends the agreement for convenience under section 18.3, it refunds in proportion the price paid for the Extra emails that remain unused when the agreement ends. They are deleted together with the Organization.

5.10 Refunds

Fees are non-refundable, including for unused time, unused Extra responses and unused Extra emails, except as section 5.9 provides and where Link’s refund policy or the law requires a refund, for example under the consumer guarantees of the Australian Consumer Law (section 14). Refund requests under Link’s refund policy go to Link, as that policy describes.

5.11 Enterprise plans and Orders

An Enterprise plan is set by an Order and paid through the payment link Usertick sends for it. Unless the Order says otherwise, it renews, fails and is canceled like any other paid Plan. If the Organization pays for another Plan when it moves to an Enterprise plan, the unused part of that Plan’s current Subscription Term is taken off the first Enterprise payment, and any part that payment doesn’t use becomes a credit that Stripe applies to the next Enterprise invoices. The credit is never paid out. If an Order conflicts with these Terms, the Order prevails for that Order.

6. Acceptable use

You must not use the Service, or allow anyone else to use it, to:

• break the law, or store or send material that is unlawful, infringing, defamatory, harassing or deceptive;
• collect personal data without a lawful basis, or without the notice or consent the law requires;
• collect passwords, payment card numbers or government identification numbers in surveys, or obtain any credentials by deception;
• collect special category data or criminal offence data, unless you have a lawful basis and meet the conditions the law sets for that data;
• submit protected health information as defined under the US Health Insurance Portability and Accountability Act (HIPAA), unless Usertick has agreed otherwise in writing;
• aim surveys at people under 16, or knowingly collect responses from people under 16, unless Usertick has agreed otherwise in writing;
• impersonate any person or organization, or present a survey, sending address or sender name in a way likely to mislead a recipient about who is asking;
• send spam or other unsolicited marketing in breach of PECR or other marketing laws;
• use AI outputs as the sole basis for a decision that has legal or similarly significant effects on a person, such as decisions about employment, credit, housing, education, insurance or access to essential services;
• upload malicious code or distribute links to it, gain or attempt to gain unauthorized access to the Service or its systems, or get around its limits or security measures;
• carry out security or load testing, scrape the Service, or reverse engineer it, without Usertick’s written permission, except where the law allows it despite this restriction; the vulnerability disclosure policy gives that permission for security research that follows its rules;
• use the Service in breach of the sanctions rules in section 20; or
• resell, sublicense or provide the Service to third parties, unless Usertick agrees in writing.

Anyone can report a survey to Usertick through Report abuse. Usertick reviews the reports it receives and decides on them in a timely, objective and non-arbitrary way. The abuse and takedown policy forms part of these Terms. It explains how Usertick protects people from illegal content on the Service, with separate rules for terrorism content, child sexual exploitation and abuse content, other priority illegal content and intimate images shared without consent, and how Usertick handles reports, copyright notices under the US Digital Millennium Copyright Act, appeals and complaints.

Usertick hosts Customer Data at the Customer’s request. It does not create or approve the content of surveys and has no general obligation to monitor Customer Data. Reviewing a report, or acting on one, does not make Usertick responsible for the content concerned.

Where Usertick reasonably believes that this section has been breached, or that the security or integrity of the Service is at risk, Usertick may take any of the following steps, acting in a way that is proportionate to the breach or the risk:

• take an individual survey offline and turn off its sharing link, so that links already shared stop working;
• remove or disable access to specific Customer Data;
• suspend access to the Service under section 17; or
• end the agreement under section 18.

When Usertick acts under this section, it tells the owner what it did and why, unless the law prevents it or telling the owner would defeat the purpose of the action. If you believe Usertick got it wrong, reply to that message within 30 days, and Usertick reviews the decision and tells you the outcome.

7. Email sent through Usertick

You can send survey emails through your own email provider, or Usertick can send them for you. Emails that Usertick sends for you go out under your name followed by “via Usertick”, from a Usertick sending domain, and replies go to a member of your team. Because they leave from Usertick’s domain, these additional rules apply to them:

• Permission. You may only email people who agreed to hear from you. You confirm this before your first send.
• No bought or harvested lists. You must not email addresses from lists that you bought or rented, or addresses that were scraped or harvested from websites or other sources.
• Unsubscribes. Every email includes an unsubscribe link. Usertick applies unsubscribes for you automatically and keeps them even if a contact is deleted and added again. You must honor them and must not try to get around them.
• Accurate identity. Before your first send, you give Usertick your legal name and a postal address, which appear in the footer of every email. They must be accurate, and your sender name must not mislead anyone about who is writing to them.
• Links and web addresses. Emails sent through Usertick may only link to your survey and to the websites where your Usertick widget runs, and may not contain any other web address. Usertick does not send an email that breaks this rule.
• Sending limits. Each Plan includes a monthly number of emails sent through Usertick, shown on the pricing page or set in the Order, and a lower daily limit applies in the first days after you set up sending through Usertick. Emails you send through your own email provider do not count toward these limits.
• Bounces and spam complaints. Usertick monitors bounces and spam complaints on every email sent through Usertick. It stops emailing addresses that bounce permanently, and a person who marks your email as spam is unsubscribed.

Usertick may pause sending through Usertick for your Organization when its bounces or spam complaints exceed the levels that email providers accept, when its email provider pauses your sending, or when Usertick reasonably believes that you have broken these rules, and it may also take the other steps in section 6. A pause is lifted only after Usertick has reviewed the Organization. While sending through Usertick is paused, you can still connect your own email provider.

You remain responsible for having consent or another lawful basis to email each of your contacts. For their personal data you are the controller, and Usertick acts as your processor under the DPA.

8. Your responsibilities for respondent data

You are the controller of the personal data that you collect through the Service about the people who answer your surveys, visit your websites or receive your emails. You must:

• give those people a privacy notice that covers your use of the Service, including Usertick’s processing as your processor;
• have a lawful basis for each survey and each use you make of the data;
• obtain consent where the law requires it, including consent for the information that the widget stores on visitors’ devices on your websites; you decide whether and when the widget loads on your websites, and you are responsible for loading it only in line with the choices your visitors make;
• send identifying details about a person to the Service only where you are allowed to identify that person;
• respond to requests from people who exercise their data protection rights, with Usertick’s assistance as described in the DPA;
• collect, upload and import only data that you have the right to process; and
• make sure that your surveys are not aimed at people under 16 and that you don’t knowingly collect responses from people under 16, unless Usertick has agreed otherwise in writing.

Usertick does not verify the age of respondents, and you are responsible for who your surveys reach. If Usertick finds a survey that is aimed at people under 16 without its written agreement, it takes the survey offline under section 6. If Usertick learns that it holds responses from a person under 16 collected without that agreement, it deletes them and tells you.

9. Customer Data

As between the parties, the Customer owns Customer Data. The Customer grants Usertick a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit and display Customer Data only to provide, secure and support the Service, to enforce these Terms and comply with the law, and as the DPA allows. For Customer Personal Data, the Customer is the controller and Usertick is its processor, and the DPA applies.

On the Customer’s instructions in the DPA, Usertick may create anonymized, aggregate statistics from the use of the Service, such as benchmarks and product metrics, that identify no person and no customer. Usertick does not train AI models on Customer Data, and its contracts with its AI providers don’t allow them to.

When the Customer connects a third-party service, such as Slack, HubSpot or Google Sheets, it instructs Usertick to send Customer Data to that service. That service’s own terms apply to it, and Usertick is not responsible for the service or for data once it has been sent there. Features that Usertick labels as beta, preview or early access are provided “as is” and may change or be withdrawn at any time.

Usertick handles the personal data of its account holders and website visitors, for which it is the controller, as its privacy notice describes.

10. AI features

The Service uses AI to read written answers (for example, to assign categories, themes, sentiment and urgency) on every Plan, and to provide the AI features a Plan includes, such as drafting surveys, translating them, writing readings of results and answering questions in the assistant. AI outputs are generated automatically and may be inaccurate or incomplete. You should review an output before you rely on it. You must not use an AI output as the sole basis for a decision that has legal or similarly significant effects on a person. Usertick does not guarantee that an AI output is unique or free of third-party rights.

AI outputs generated from Customer Data are Customer Data. The AI providers that Usertick uses are listed in the sub-processor list. They process inputs as Usertick’s sub-processors, on its instructions, and Usertick’s contracts with them don’t allow them to use the inputs to train AI models.

11. Intellectual property and feedback

Usertick and its licensors own all intellectual property rights in the Service. Usertick grants the Customer a non-exclusive, non-transferable right, without the right to sublicense, for its Users to use the Service during the agreement, in line with these Terms and its Plan. No other rights are granted.

If you give Usertick feedback or suggestions about the Service, you grant Usertick a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose, without any obligation to you.

Usertick may name the Customer, with its logo, in its lists of customers. The Customer can ask Usertick to stop at any time by writing to legal@usertick.com, and Usertick then removes the name and logo within a reasonable time. Any other use of the Customer’s name or logo in Usertick’s marketing, such as a case study, needs the Customer’s prior written permission.

12. Confidentiality

Each party may receive information from the other that is marked as confidential or that a reasonable person would understand to be confidential, including Customer Data and non-public information about the Service (“Confidential Information”). The receiving party will protect it with at least reasonable care, use it only to perform or exercise its rights under these Terms, and disclose it only to its employees, contractors, sub-processors and professional advisers who need it for that purpose and are bound by confidentiality obligations at least as protective as these.

These obligations do not apply to information that is or becomes public through no fault of the receiving party, that the receiving party already knew or developed independently, or that it received lawfully from a third party without a duty of confidence. A party may disclose Confidential Information where the law, a court or a regulator requires it, after telling the other party where the law allows. These obligations continue after the agreement ends for as long as the information remains confidential.

13. Service changes and availability

Usertick may improve, change or add to the Service. Usertick will not materially reduce the core functionality of a paid Plan during a paid Subscription Term without notice.

Usertick uses commercially reasonable efforts to keep the Service available. There is no service level agreement unless an Order includes one. Where practicable, Usertick gives notice of planned maintenance that is likely to affect the Service.

14. Warranties

Usertick will provide the Service with reasonable skill and care.

The Customer warrants that it has the rights, notices and consents needed for Usertick to process Customer Data as these Terms and the DPA describe.

Except as these Terms expressly state, and to the extent the law allows, the Service is provided “as is” and “as available”, and Usertick excludes all other warranties, conditions and terms, whether express or implied by statute, common law or otherwise, including terms about satisfactory quality and fitness for a particular purpose. Usertick does not warrant that the Service will be uninterrupted or error-free.

Nothing in these Terms excludes, restricts or modifies a right or remedy that the law gives you and that a contract can’t exclude, restrict or modify, such as a consumer guarantee under the Australian Consumer Law. Where the law allows Usertick to limit its liability for failing to meet such a guarantee, that liability is limited to supplying the services again or paying the cost of having them supplied again.

15. Limitation of liability

Nothing in these Terms limits or excludes either party’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.

Subject to the paragraph above, neither party is liable to the other, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any indirect or consequential loss, or for any loss of profits, revenue, goodwill or anticipated savings, arising out of or in connection with these Terms.

Subject to the first paragraph of this section, each party’s total liability for all claims arising out of or in connection with these Terms and the DPA, taken together, is limited to the total fees the Customer paid for the Service in the 12 months before the first event giving rise to liability, and is never less than US$100.

This limit does not apply to the Customer’s obligation to pay fees or to the Customer’s indemnity under section 16. The DPA has no separate limit: liability under it counts toward the limit above.

16. Indemnity

The Customer will defend Usertick against any claim by a third party, and indemnify Usertick against the losses, damages, costs and reasonable legal fees resulting from such a claim or from an investigation by a regulator, to the extent the claim or investigation arises from Customer Data, from the Customer’s surveys, from emails the Customer sends through the Service, from the Customer’s instructions to Usertick as its processor, or from a breach of section 6, 7 or 8. This indemnity does not apply to the extent the claim or investigation results from Usertick’s breach of these Terms or the DPA, and it does not cover a fine or penalty that the law does not allow to be indemnified.

Usertick will tell the Customer about the claim promptly, let the Customer control its defense and settlement, and give reasonable cooperation at the Customer’s expense. The Customer may not settle a claim in a way that admits fault by Usertick or imposes an obligation on Usertick without Usertick’s written consent.

17. Suspension

Usertick may suspend all or part of the Service immediately, without prior notice, where it reasonably believes that suspension is needed to deal with a threat to the security or integrity of the Service or of other customers, to comply with the law or a request from an authority, to stop a serious breach of section 6, or to comply with section 20.

In any other case, Usertick gives the owner notice and a reasonable opportunity to fix the problem before it suspends the Service. Usertick limits a suspension to what the problem requires and restores the Service once the problem is resolved.

18. Term and termination

18.1 Term

The agreement starts when you accept these Terms and continues until either party ends it under this section.

18.2 Ending by the Customer

You can cancel a paid Plan as section 5.5 describes. You can end the agreement by deleting your Organization, or by deleting your user account while you are the Organization’s only member. Either one is your instruction to delete that Organization and its Customer Data. The deletion takes effect 14 days after you confirm it, and you can cancel it until then. When you schedule the deletion of an Organization, Usertick stops collecting responses for it at once and its subscription does not renew. A subscription that is still running is canceled when the Organization is deleted, and fees already paid are not refunded except as section 5.10 provides. Export anything you need before you confirm the deletion. To keep the Service running while you move your data, make a switching request under section 19 instead.

If you delete your user account while other people remain in the Organization, the Organization, its subscription and its Customer Data are not affected, and content you added stays with the Organization. How Usertick handles your own account data when you delete it is described in the privacy notice.

18.3 Ending by Usertick

Usertick may end the agreement for convenience by giving the owner at least 30 days’ notice. For a paid Plan, the agreement then ends at the end of the billing period you have already paid for, or at the end of the notice if that is later, and the subscription does not renew.

18.4 Ending for cause

Either party may end the agreement immediately by notice if the other party materially breaches these Terms and does not fix the breach within 30 days after being notified of it, or if the other party becomes insolvent, enters administration or liquidation, or makes an arrangement with its creditors. Usertick may also end the agreement immediately by notice under section 20, or if fees due under an Order remain unpaid 14 days after the payment failed.

18.5 What happens at the end

When the agreement ends, the right to use the Service ends. Before then, you can export Customer Data as section 19 describes. When the agreement ends through a switching request, the retrieval period and the erasure in section 19 follow. When it ends in another way while the Organization still exists, Usertick handles Customer Data as section 11 of the DPA describes. Usertick deletes Customer Personal Data as the DPA and the privacy notice describe.

The obligation to pay fees that are due, sections 5.10, 9, 11, 12, 14, 15, 16, 18.5, 19, 22 and 23, and any other terms that by their nature are meant to continue, survive the end of the agreement.

19. Switching to another provider

You can export Customer Data at any time with the features your Plan includes, and you can move it to another provider or to your own systems and end the agreement, as this section describes. This section applies to every Customer on every Plan, the Free plan included. Where Chapter VI of the EU Data Act (Regulation (EU) 2023/2854) applies to the Customer, this section sets out the switching terms that it requires, and nothing in these Terms limits the rights it gives.

19.1 Switching request

To start, the owner emails a switching request to support@usertick.com from the owner’s email address. Usertick handles switching requests on every Plan. The request says:

• whether you want to switch to another provider, move the data to your own systems, or only have the data erased; to switch, name the provider and give the contact details Usertick needs to assist it; and
• the date on which the transition period starts, which can be any date up to 2 months after Usertick receives the request. If the request gives no date, the transition period starts when Usertick receives it.

19.2 Transition period

The transition period lasts 30 days. During it, the agreement continues, including your Plan and its fees, and Usertick keeps providing the Service with due care for its continuity. Usertick also gives reasonable assistance to you and to the provider you name, tells you about any known risk to the continuity of the Service during the switch, gives you the information you need for your exit plan, and keeps Customer Data secure while it is transferred.

If a transition period of 30 days is technically unfeasible, Usertick tells you so within 14 working days after receiving the request, explains why, and sets an alternative transition period of no more than 7 months, during which the Service continues. You can extend the transition period once, for a period you choose, by telling Usertick before it ends.

19.3 Exportable data

Exportable data is the input and output data, including metadata, that the Customer, its Users, its respondents and its contacts generated through the use of the Service, and that the Service generated for the Customer. It consists of:

• surveys, with their questions, answer options, logic, translations, settings and designs;
• responses: the answers; the files respondents sent, such as uploads, screenshots and signatures; the details stored with each response, such as its time, page address, device, browser language, country and variant; the respondent identifiers and traits; and the status, assignees, notes and comments added in the Service;
• the AI readings of responses, such as categories, themes, sentiment and urgency, and the written readings of results;
• contacts, with their attributes, unsubscribes and email delivery status;
• dashboards, workflows, sites, themes, scheduled reports, the media library and the other settings of the Organization; and
• the Organization’s members and roles, and its activity log.

Usertick’s internal data is not exportable: the software of the Service, including the widget, the templates, the question library and the instructions Usertick gives AI models; its security data, such as password hashes, encryption keys, hashes of API keys and tokens, salted hashes of IP addresses and session records; and its own records about the Customer, such as purchase and support records, which Usertick handles as its privacy notice describes.

19.4 How you get the data

The Export your data page in Usertick’s documentation describes each way to export, its formats and the Plans that include it. On every Plan, results, dashboards and single responses export as PDF, Excel, CSV or PNG files, 3 times a month on the Free plan, and integrations send new responses to the tools you connect. On the Pro plan and above, the REST API returns responses, surveys, sites, themes, comments and files, with responses and records as JSON. Files can be downloaded one at a time on every Plan.

For exportable data that the features of your Plan don’t export, such as responses one by one on the Free and Starter plans, contacts, dashboards, workflows and the activity log, and for responses older than your Plan’s response history, Usertick’s staff prepare an export when your switching request asks for one. Usertick sends it to the owner through a secure download link during the transition period: records as JSON files, in the structure the REST API uses where the API covers them, and files in their original format.

19.5 End of the agreement

If you asked to switch or to move the data to your own systems, the agreement ends when the switch is complete: when you confirm that you have the data you need, or otherwise at the end of the transition period. If you asked only for erasure, the agreement ends on the date your request gives, or when Usertick receives the request if it gives no date. Usertick stops collecting responses for the Organization when the agreement ends and tells the owner by email that it has ended. Fees already paid are not refunded, except as section 5.10 provides.

19.6 Retrieval period and erasure

After the transition period, you have a retrieval period of 30 days, or a longer period agreed with Usertick, in which Usertick keeps the exportable data unchanged and secure and provides it on request as section 19.4 describes. Collection stays stopped during it. When the retrieval period ends, Usertick deletes the Organization and all of its exportable data, its activity log included, in the way section 11 of the DPA describes, and emails the owner when the deletion is complete. Copies in backups are overwritten on a rolling schedule, and Usertick uses them only to recover the Service. If you asked only for erasure, there is no retrieval period: Usertick schedules the deletion when the agreement ends and completes it within 14 days.

19.7 No switching charges

Usertick charges nothing for a switch, for the exports and assistance in this section, or for transferring data out of the Service. The fees for your Plan continue during the transition period as for any other period.

19.8 Where the Service runs

The infrastructure that Usertick uses to provide the Service is in the United Kingdom, and files are stored in the European Union, with the exceptions listed in section 13 of the DPA, which also describes the measures Usertick takes against government access to non-personal Customer Data that would conflict with the law that applies to the Customer.

20. Sanctions and export control

You confirm that neither you nor any person who owns or controls you is a person targeted by sanctions of the United Kingdom, the United Nations, the European Union or the United States, and that you are not located in, and will not use the Service from, Cuba, Iran, North Korea, Syria, Russia, Belarus, or the areas of Ukraine that its government does not control, including Crimea and the occupied parts of the Donetsk, Luhansk, Kherson and Zaporizhzhia regions. You must comply with the export control and sanctions laws that apply to your use of the Service.

If Usertick reasonably believes that this section has been breached, or that providing the Service would breach sanctions or export control laws, Usertick may suspend or end the Service immediately, without liability to you.

21. Changes to these Terms

Usertick may update these Terms. For a material change that is adverse to you, Usertick gives the owner reasonable notice before the change takes effect. A change that the law requires, or that is needed to protect the security of the Service, can take effect immediately. For a paid Plan, any other material adverse change applies to you from your next renewal, and if you do not accept it, you can cancel before that renewal. Other changes take effect when Usertick publishes them. The date at the top of this page shows when these Terms last changed.

22. Governing law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, including non-contractual disputes and claims, are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any competent court to protect its intellectual property or Confidential Information.

23. General

• Entire agreement. These Terms, the DPA and any Order are the entire agreement between the parties about the Service and replace any earlier agreement or understanding about it. Neither party relies on any statement that these documents do not contain. Nothing in this clause limits liability for fraud.
• Order of precedence. If these documents conflict, an Order prevails, then the DPA for anything about personal data, then these Terms.
• Assignment. You may not assign or transfer the agreement without Usertick’s written consent. Usertick may assign it to an affiliate or to a successor to its business by giving you notice.
• Subcontracting. Usertick may use subcontractors, including the sub-processors under the DPA, to provide the Service, and remains responsible for their performance.
• Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, such as natural disasters, war, terrorism, riots, government action, labor disputes, or failures of utilities, networks or third-party hosting providers. This does not excuse a payment obligation.
• Notices. Usertick sends notices to the email address of the Organization’s owner and, where these Terms say so, in the Service. You send notices to Usertick at legal@usertick.com. An email notice is received when it is sent, unless the sender receives a message that it was not delivered.
• No third-party rights. No person other than the parties has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
• Severability. If a court finds any provision invalid or unenforceable, that provision is modified to the minimum extent needed, and the rest of these Terms continues in effect.
• No waiver. A failure or delay in exercising a right is not a waiver of it.
• Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.
• Language. These Terms are written in English. If they are translated, the English version prevails.

24. Contact

Questions about these Terms can be sent to legal@usertick.com or by post to Usertick Ltd, 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom.