Terms of Service

1. Agreement to These Terms

These Terms of Service (the “Terms”) form a binding agreement between you and SierraTec Secure LLC (“SierraTec,” “Company,” “we,” “us,” or “our”) governing access to and use of SierraTec Survey, including our websites, hosted applications, survey builder, templates, research tools, AI-assisted features, collaboration tools, integrations, APIs, respondent experiences, administrator consoles, support services, and related offerings (collectively, the “Service”).

By creating an account, joining a workspace, purchasing or renewing a subscription, accepting an order form, publishing a survey, submitting content, accessing a respondent experience, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you use the Service for a company, school, nonprofit, government entity, healthcare organization, research institution, or other organization, you represent that you have authority to accept these Terms on its behalf. In that case, “you” and “Customer” include that organization.

2. Company and Service

SierraTec Survey is a survey, feedback, research, analytics, collaboration, and data-management platform operated by SierraTec Secure LLC, a Virginia limited liability company.

The Service may include survey creation and distribution, response collection, analytics, statistical calculators, AI-assisted functionality, templates, imports and exports, team workspaces, enterprise identity features, APIs, webhooks, third-party integrations, student research tools, and support resources.

Features, limits, and availability may vary by plan, region, workspace configuration, and applicable order form. We may add, modify, reorganize, or retire features over time, subject to applicable law and any written commitments.

3. Eligibility and Authority

You must be at least 18 years old or the age of legal majority where you live to create a paid account or bind an organization, unless SierraTec expressly permits an educational arrangement with appropriate authorization.

The Service is not intended for children under 13 as account holders. If you use SierraTec Survey to collect information from minors, students, patients, employees, consumers, or other protected populations, you are responsible for determining and satisfying applicable consent, notice, authorization, recordkeeping, and privacy requirements.

4. Accounts, Workspaces, and Administrative Control

You must provide accurate account information and keep it current. You are responsible for maintaining the confidentiality of credentials and for activity occurring under your account to the extent permitted by law.

Each workspace may have an Owner, Administrators, Members, Reviewers, or other roles. Workspace Owners and Administrators control invitations, access, permissions, billing, integrations, SSO configuration, exports, retention settings, and other administrative controls.

If an organization manages your account through SSO, SCIM, domain claim, or a managed workspace, that organization may administer, suspend, transfer, export, or delete information associated with the managed account, subject to applicable law and contract.

5. Plans, Trials, Student Discounts, and Entitlements

SierraTec Survey may offer Free, Starter, Professional, Business, Enterprise, Student Research, promotional, trial, or custom plans. Current pricing and plan entitlements are shown on the applicable pricing page, checkout screen, or order form.

Plan limits generally apply at the workspace level unless otherwise stated. Eligible plans may include defined limits for active surveys, monthly responses, workspace members, storage, AI usage, integrations, retention, and support.

Trials may be limited and may expire automatically. If a trial is designed to convert to a paid subscription, SierraTec will disclose the material price, timing, renewal, and cancellation terms before obtaining payment authorization.

6. Student Research Plan and Verification

The Student Research plan is intended for eligible currently enrolled students using SierraTec Survey primarily for legitimate educational, academic, thesis, dissertation, research, or student-project purposes.

SierraTec may verify eligibility using an academic email address, institution information, enrollment records, a student identification card, an enrollment letter, a course schedule, an institution portal record, or other reasonably reliable evidence.

Students should redact unrelated sensitive information from verification documents. SierraTec may request additional information if academic status cannot reasonably be verified.

Eligibility may be re-verified periodically, including annually. International students may qualify where the plan is available and their institution and current enrollment can reasonably be verified. Documents in languages other than English may be accepted, although SierraTec may request a translation or clarification when reasonably necessary.

Unless a longer period is required for fraud prevention, dispute resolution, or law, SierraTec generally aims to delete uploaded student-verification documents within 90 days after the verification decision. A limited verification record may be retained during the Student Research subscription and for up to 24 months after it ends.

Graduation or loss of student status normally does not terminate an already-paid term. Before renewal, SierraTec may request re-verification. If eligibility cannot be confirmed, SierraTec may offer the Free, Starter, Professional, or another available plan. SierraTec will not intentionally convert the account to a materially higher-priced paid plan without clear advance notice and any consent required by applicable law.

7. Fees, USD Billing, Taxes, and Payment Authorization

Unless otherwise expressly stated, SierraTec Survey prices, subscription fees, add-on charges, credits, invoices, payments, and refunds are denominated in United States Dollars (USD).

Paid plans are billed in advance on the billing cycle selected at purchase unless an order form states otherwise. You authorize SierraTec and its payment processors to charge your payment method for applicable fees, taxes, approved add-ons, and authorized renewals.

Prices may exclude applicable taxes. Depending on customer location, status, and applicable law, SierraTec may collect sales tax, VAT, GST, or similar taxes. Customers must provide accurate billing and tax information and remain responsible for taxes they are legally required to self-assess or pay.

International customers may be charged currency conversion, foreign transaction, cross-border, or other fees by their bank, card issuer, or payment provider. Such third-party charges and exchange rates are outside SierraTec’s control. Approved refunds are generally issued in USD to the original payment method.

8. Automatic Renewal, Renewal Notices, and Cancellation

Unless otherwise stated at checkout or in an order form, paid subscriptions automatically renew for successive periods until canceled.

Before enrollment in an automatically renewing subscription, SierraTec will clearly disclose material terms, including the plan, price, billing frequency, renewal timing, promotional period if any, how to cancel, and any minimum commitment. SierraTec will obtain affirmative authorization where required by law.

Where required by applicable law, SierraTec will provide renewal reminders, price-change notices, cooling-off notices, or other required subscription communications within the legally required timeframe.

You may cancel through available account or billing controls, or another cancellation method SierraTec makes available. Cancellation generally stops future renewals and paid access continues through the end of the already-paid period unless applicable law or a written agreement provides otherwise.

SierraTec will not intentionally make cancellation materially more difficult than enrollment and will provide an appropriate cancellation confirmation where required.

9. EU and UK Consumer Cancellation and Withdrawal Rights

If you purchase SierraTec Survey as an individual consumer rather than primarily for business purposes, you may have statutory cancellation or withdrawal rights under the laws of your country.

Eligible European Union consumers purchasing a service online generally have a 14-day statutory withdrawal period beginning when the service contract is concluded, subject to applicable exceptions and rules concerning services or digital content that begin during the withdrawal period.

Eligible United Kingdom consumers may have statutory cancellation or cooling-off rights for distance or subscription contracts. SierraTec will provide required pre-contract information, cancellation methods, reminders, and cooling-off notices to the extent applicable law requires them.

Where a statutory right applies, you may exercise it through a clear statement to SierraTec using the support system or the contact information in these Terms. SierraTec will provide any legally required model cancellation form or online withdrawal function.

Nothing in these Terms limits mandatory consumer rights that cannot lawfully be excluded or waived. Business and organizational subscriptions are generally governed by these Terms and any applicable order form or enterprise agreement rather than consumer-only cancellation rights.

10. Refunds, Credits, and Billing Adjustments

Refunds, credits, cancellation refunds, renewal refunds, and billing adjustments are governed by the SierraTec Survey Refund Policy, applicable law, and any applicable order form or enterprise agreement.

SierraTec may offer a commercial 14-day money-back guarantee for eligible new self-service subscriptions and may separately review certain automatic-renewal refund requests. Any such commercial policy does not reduce statutory rights that apply to an eligible consumer.

Duplicate or incorrect charges will be corrected after verification. Professional services, consumed usage, and custom enterprise commitments may be subject to separate refund rules.

11. Additional Response Capacity

Eligible paid plans may permit Customers to purchase additional response capacity without changing the underlying subscription plan. The quantity, price, validity period, and expiration terms will be disclosed before purchase.

Additional response capacity that has already been used to process responses is generally non-refundable except where required by law or where a billing error occurred. SierraTec will not intentionally impose surprise response overage charges unless an authorized workspace administrator has expressly enabled or approved automatic usage purchases.

12. Storage and Additional Workspace Members

Eligible plans may permit Customers to purchase additional storage or additional workspace-member capacity. SierraTec may package member expansion in bundles rather than requiring a separate full-price subscription for each person.

If an add-on is canceled, the additional capacity generally remains available through the end of the paid add-on period. If a downgrade would place the workspace above a storage or member limit, SierraTec may provide reasonable notice and time to reduce usage before restricting new uploads, invitations, or other affected functionality.

SierraTec will not intentionally delete Customer Content solely because a storage add-on is canceled without providing notice and a reasonable opportunity to manage or export affected content, subject to retention rules, security requirements, and account status.

13. AI Features and Additional AI Usage

SierraTec Survey may provide AI-assisted survey generation, question recommendations, rewriting, survey-quality review, response summarization, sentiment analysis, theme detection, follow-up suggestions, and automated reporting.

AI-generated output may be inaccurate, incomplete, biased, or unsuitable for a particular purpose. You are responsible for reviewing AI output before using it for important business, employment, educational, healthcare, legal, financial, research, or other decisions.

Eligible plans may include a defined amount of AI usage. SierraTec may offer optional additional AI usage when a Customer exceeds the included allowance. SierraTec does not require a separate virtual currency or “AI credits” unless such a program is expressly introduced and disclosed.

You must not submit highly sensitive, regulated, or restricted information to AI features unless SierraTec has expressly confirmed that the applicable AI configuration and supporting providers are approved for that use.

14. SMS and Communication Services

SierraTec may offer optional SMS, text-message, email, or other communication services for survey invitations, reminders, respondent notifications, or follow-up communications.

If offered, pricing, message allowances, supported regions, carrier limitations, and usage terms will be disclosed before purchase. SierraTec does not require prepaid “SMS credits” unless such a program is expressly introduced and disclosed.

Customer is responsible for obtaining any consent required to send messages and for complying with applicable marketing, telecommunications, opt-out, and anti-spam laws. SierraTec may provide opt-out or suppression tools but does not replace Customer’s compliance responsibilities.

15. Acceptable Use and Prohibited Conduct

You may use the Service only for lawful purposes and in accordance with these Terms. You may not use the Service to facilitate fraud, unlawful discrimination, harassment, threats, exploitation, phishing, credential theft, malware distribution, unauthorized surveillance, deceptive impersonation, intellectual-property infringement, spam, unlawful marketing, or collection of data you are not legally entitled to collect.

You may not interfere with the Service; bypass security, plan, rate, or access controls; probe or test systems without authorization; reverse engineer except where law expressly permits; scrape platform content at scale; resell or sublicense except under an authorized agreement; or use systematic extraction to build a substantially similar competing platform.

SierraTec may investigate suspected abuse and may restrict affected accounts, surveys, collectors, integrations, API keys, or workspaces when reasonably necessary to protect users, respondents, the Service, or third parties.

16. Survey Creation, Distribution, and Respondent Management

Customer controls survey content, target audiences, distribution methods, collector settings, response rules, consent text, incentives, quotas, access restrictions, and follow-up communications. Customer is responsible for ensuring surveys and invitations are lawful, accurate, non-deceptive, accessible as required, and appropriate for the intended audience.

Duplicate-response controls such as cookies, invitation tokens, access codes, CAPTCHA, device signals, or hashed network identifiers reduce risk but are not guaranteed to prevent all duplicate or fraudulent submissions.

Customer must provide any notices, consents, contest rules, research disclosures, accessibility accommodations, or other information required for respondents. SierraTec does not become the sponsor, principal investigator, employer, healthcare provider, school, or data owner merely by hosting a survey.

17. Customer Content and Ownership

“Customer Content” includes surveys, questions, answer options, logic, respondent information, responses, files, logos, brand assets, prompts, imported data, reports, and other material submitted to or generated from Customer’s use of the Service, excluding SierraTec technology and pre-existing SierraTec content.

As between the parties, Customer retains ownership of Customer Content. Customer grants SierraTec and its authorized service providers a worldwide, non-exclusive, limited license to host, copy, transmit, transform, index, analyze, display, and otherwise process Customer Content only as reasonably necessary to provide, secure, support, troubleshoot, improve, and operate the Service, comply with law, and fulfill contractual obligations.

Customer represents that it has all rights, permissions, notices, consents, and lawful bases required to upload, use, disclose, collect, and instruct SierraTec to process Customer Content.

18. Respondent Data, Privacy Roles, and Data Processing

For survey-response data, Customer generally determines the purposes and essential means of the survey and generally acts as the controller, business, or equivalent responsible party under applicable privacy law. SierraTec generally acts as a processor or service provider when processing such data on Customer’s documented instructions.

For SierraTec’s own account administration, billing, security, fraud prevention, support, website operation, and legal compliance, SierraTec may act as an independent controller or business as applicable.

Where required, SierraTec may offer an applicable Data Processing Agreement (DPA). Customer is responsible for providing respondents with required notices and establishing an appropriate legal basis for its survey processing.

19. GDPR, UK GDPR, and International Data Protection

Where the EU GDPR, UK GDPR, UK Data Protection Act 2018 as amended, or similar data-protection law applies, each party will comply with the obligations applicable to its processing role.

Where SierraTec acts as a processor, SierraTec will process personal data on documented instructions, impose confidentiality obligations, implement appropriate technical and organizational safeguards, use subprocessors subject to applicable contractual safeguards, assist with data-subject requests and breach obligations as required, and return or delete data according to the applicable DPA and retention requirements.

Personal data may be processed in the United States or other countries where SierraTec or its authorized providers operate. Where restricted international transfers apply, SierraTec will use a legally recognized transfer mechanism and supplementary safeguards where required.

Customers remain responsible for determining whether a Data Protection Impact Assessment, representative, Data Protection Officer, consent mechanism, or other compliance measure is required for their use of the Service.

20. HIPAA-Regulated Use

SierraTec Survey is not automatically authorized for Protected Health Information (“PHI”) under HIPAA. Customers must not use the Service to create, receive, maintain, or transmit PHI unless SierraTec has expressly approved the applicable service configuration for HIPAA-regulated use and the parties have executed a Business Associate Agreement (“BAA”) where required.

Where SierraTec acts as a HIPAA business associate, applicable BAA terms and HIPAA obligations will govern permitted uses and disclosures, safeguards, subcontractors, incident and breach reporting, access assistance, and return or destruction of PHI.

PHI must not be submitted to AI features, third-party integrations, or other functionality unless that specific configuration is approved for HIPAA-regulated processing and all required agreements are in place.

The availability of healthcare survey templates does not mean every SierraTec Survey account or feature is HIPAA-enabled.

21. FERPA and Educational Records

SierraTec Survey may be used by educational institutions for surveys, evaluations, research, assessments, and other legitimate educational activities, but use of the Service does not automatically make a school’s activities FERPA-compliant.

Where an educational institution relies on the FERPA school-official exception, the institution is responsible for ensuring the required conditions are satisfied, including appropriate control over the use and maintenance of education records and restrictions on unauthorized use or redisclosure.

Where SierraTec processes education-record information on behalf of an institution, SierraTec will use such information for the authorized purpose and according to the applicable agreement. Educational institutions remain responsible for notices, parental or student rights, legitimate educational-interest determinations, research approvals, and applicable state student-privacy laws.

Education-record information should not be submitted to AI features unless the institution authorizes the processing and SierraTec confirms that the applicable configuration is appropriate for the intended use.

22. Sensitive and Regulated Data Generally

Unless SierraTec has expressly agreed in writing to support a specific regulated use case, you must not assume that every plan, integration, AI feature, export, or hosting configuration is suitable for regulated or highly sensitive information.

Customers are responsible for classifying the data they collect, choosing appropriate configurations, limiting collection to what is necessary, and obtaining required authorizations. Additional agreements may be required for regulated healthcare, education, financial, government, biometric, or other sensitive-data use cases.

23. Research, Statistical, and Survey Tools

The Service may include sample-size, margin-of-error, confidence-level, NPS, CSAT, response-rate, completion-rate, and other research or statistical tools. These tools are informational utilities and depend on assumptions and input accuracy.

SierraTec does not warrant that use of a calculator, score, template, or AI suggestion makes a survey statistically valid, representative, unbiased, research-approved, or suitable for publication. Customers remain responsible for methodology and professional review when appropriate.

24. Templates, Question Banks, and Resources

SierraTec may provide survey templates, question banks, guides, checklists, learning resources, and examples. These materials are starting points and may require adaptation for the Customer’s goals, audience, jurisdiction, industry, accessibility needs, research method, or compliance obligations.

Unless expressly stated otherwise, use of a template does not constitute legal, medical, statistical, research-ethics, or compliance advice.

25. Imports, Exports, Backups, and Data Portability

The Service may support import or export formats such as CSV, Excel, JSON, XML, PDF, SPSS-oriented data, presentations, documents, and other supported formats. Availability varies by plan and technical compatibility.

Customer is responsible for ensuring it has the right to import data and for securing exported information after it leaves the Service. SierraTec does not guarantee that every third-party file, format, formula, macro, or structure will import or export without transformation.

Backup systems are intended for operational resilience and are not a substitute for Customer’s own archival obligations unless an enterprise agreement expressly states otherwise.

26. Integrations and Third-Party Services

The Service may connect with third-party CRM, collaboration, analytics, storage, identity, marketing, automation, payment, visualization, or productivity platforms.

If you enable an integration, you authorize the Service to exchange data with the third party as configured by you. Third-party products are governed by their own terms and privacy practices. SierraTec does not control or guarantee their availability, security, accuracy, pricing, or continued interoperability.

SierraTec may modify or discontinue an integration if the third party changes its API, terms, security requirements, or technical compatibility.

27. SSO, SCIM, APIs, Webhooks, and Administrative Controls

Eligible plans may support SAML, OpenID Connect, single sign-on, domain verification, just-in-time provisioning, SCIM, REST APIs, webhooks, API keys, service accounts, or similar enterprise controls.

Customer is responsible for securely configuring identity providers, domains, certificates, secrets, redirect URIs, provisioning rules, role mappings, API credentials, webhook destinations, and access policies.

API and webhook use is subject to documented rate limits and technical requirements. SierraTec may throttle or disable abusive, insecure, or unstable integrations to protect the Service.

28. Security and Account Protection

SierraTec uses administrative, technical, and organizational safeguards designed to protect the Service and information processed through it. No online service can guarantee absolute security.

Customers must use reasonable security practices, including strong credentials, multi-factor authentication where available, least-privilege access, secure devices, safe API-secret handling, prompt offboarding, and appropriate configuration of sharing links and exports.

You must promptly notify SierraTec if you suspect unauthorized access, account compromise, leaked credentials, or a security incident involving the Service.

29. Data Retention and Deletion

Retention periods may vary based on subscription plan, workspace settings, contract, data category, legal obligations, backup schedules, security needs, and dispute-resolution requirements.

Customers may be able to configure retention settings on eligible plans. When an account or subscription ends, SierraTec may provide a reasonable period for export before applying deletion, de-identification, or plan-limit restrictions.

Deleted information may remain temporarily in backups or security records before it is removed according to SierraTec’s retention procedures. Legal holds, fraud prevention, billing records, or other lawful requirements may require longer retention.

30. Intellectual Property and License to Use the Service

SierraTec and its licensors own the Service, software, interfaces, source code, APIs, branding, documentation, design systems, proprietary templates, and other intellectual property not designated as Customer Content.

Subject to these Terms and payment of applicable fees, SierraTec grants Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Service during the applicable subscription term for internal business, research, educational, or organizational purposes.

No rights are granted except as expressly stated. SierraTec Survey, SierraTec Secure, and associated logos and product names are trademarks or service marks of SierraTec Secure LLC or its affiliates to the extent protected by applicable law.

31. Feedback and Product Suggestions

If you voluntarily submit ideas, feedback, feature requests, suggestions, or recommendations about the Service, you grant SierraTec a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate that feedback without restriction or compensation, provided SierraTec does not publicly identify you as the source without permission.

32. Copyright Complaints

If you believe content hosted through the Service infringes your copyright, send a notice containing sufficient information to identify the copyrighted work, the allegedly infringing material, your contact information, required good-faith and accuracy statements, and your physical or electronic signature.

If SierraTec relies on the Digital Millennium Copyright Act safe-harbor process, the designated agent information published by SierraTec and registered with the U.S. Copyright Office will control.

33. Confidentiality and Enterprise Information

If the parties exchange non-public business, security, technical, pricing, product, or customer information that is identified as confidential or reasonably should be understood as confidential, each party will use reasonable care to protect it and use it only for the business relationship.

Confidentiality obligations do not apply to information that is public through no breach, independently developed without use of confidential information, lawfully obtained from another source without duty, or required to be disclosed by law. Enterprise order forms, DPAs, BAAs, NDAs, or statements of work may include additional obligations.

34. Beta, Preview, and Experimental Features

SierraTec may offer beta, preview, early-access, experimental, or no-charge features. Such features may change, fail, be removed, have lower support commitments, or contain errors. Unless expressly stated otherwise in writing, beta and preview features are provided “as is” and are excluded from service-level commitments.

35. Service Availability, Changes, and Maintenance

SierraTec aims to provide a reliable Service but does not guarantee uninterrupted or error-free operation. Maintenance, upgrades, security events, third-party outages, network conditions, force-majeure events, or other circumstances may affect availability.

SierraTec may change feature packaging, usage limits, supported formats, integrations, templates, AI providers, or technical requirements. For material changes affecting a paid subscription, SierraTec will provide notice where required by law or contract. Enterprise service levels, if any, are defined only in an applicable SLA or order form.

36. Suspension and Termination

SierraTec may suspend or terminate access if you materially breach these Terms, fail to pay undisputed fees, create security risk, engage in fraud or abuse, infringe third-party rights, violate law, or use the Service in a manner that may materially harm SierraTec, respondents, customers, or third parties.

Where reasonable, SierraTec will provide notice and an opportunity to cure before termination, except where immediate action is necessary for security, legal compliance, fraud prevention, safety, or prevention of ongoing harm.

You may stop using the Service at any time and may cancel subscriptions according to the applicable billing terms.

37. Effect of Termination and Data Retrieval

When a subscription ends, paid features may become unavailable and the workspace may be downgraded, restricted, or placed into a limited-access state. SierraTec may provide a reasonable period for export or retrieval of Customer Content, subject to plan terms, legal requirements, security concerns, and written agreements.

After the applicable retrieval or retention period, SierraTec may delete or de-identify Customer Content from active systems and later from backups according to retention practices, unless legally or contractually required to retain it longer.

Provisions that by their nature should survive termination—including ownership, payment obligations, confidentiality, disclaimers, limitations of liability, indemnification, and dispute terms—will survive.

38. Chargebacks and Payment Disputes

If you believe a SierraTec Survey charge is incorrect, duplicated, unauthorized, or otherwise problematic, you are encouraged to contact SierraTec support so the matter can be investigated promptly. Nothing in this section limits any lawful right to dispute a charge with your bank or payment provider.

If a chargeback or payment dispute is submitted, SierraTec may provide relevant transaction, account, consent, cancellation, and usage information to the payment processor or financial institution as reasonably necessary to respond.

SierraTec may temporarily restrict paid features while a disputed payment required to maintain the subscription remains unresolved, subject to applicable law and any enterprise agreement.

39. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, TEMPLATES, AI FEATURES, RESEARCH TOOLS, ANALYTICS, INTEGRATIONS, AND SUPPORT MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SIERRATEC DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

SIERRATEC DOES NOT GUARANTEE RESPONSE RATES, SURVEY VALIDITY, SAMPLE REPRESENTATIVENESS, STATISTICAL SIGNIFICANCE, NPS OR CSAT OUTCOMES, BUSINESS PERFORMANCE, RESEARCH APPROVAL, REGULATORY COMPLIANCE, AVAILABILITY OF THIRD-PARTY SERVICES, OR THAT AI OUTPUTS WILL BE ACCURATE OR SUITABLE FOR A PARTICULAR PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

40. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR AMOUNTS THAT CANNOT LAWFULLY BE LIMITED, SIERRATEC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO SIERRATEC FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; FOR A FREE PLAN, THE CAP WILL BE US$100.

THE ABOVE LIMITATIONS MAY NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. ENTERPRISE ORDER FORMS MAY STATE DIFFERENT NEGOTIATED LIABILITY TERMS.

41. Indemnification

To the extent permitted by law, Customer will defend, indemnify, and hold harmless SierraTec Secure LLC and its officers, employees, affiliates, and agents from third-party claims, damages, penalties, and reasonable costs arising from Customer Content; Customer’s surveys, invitations, incentives, communications, or respondent practices; Customer’s violation of law, these Terms, or third-party rights; or Customer’s misuse of the Service.

SierraTec will provide reasonable notice of covered claims and permit Customer to control the defense, subject to SierraTec’s right to participate with counsel of its choice and to reject settlements that impose admission, liability, or non-monetary obligations on SierraTec without written consent. Enterprise agreements may contain negotiated indemnity terms.

42. Compliance with Laws, Export Controls, and Sanctions

Each party will comply with laws applicable to its own activities under these Terms. You may not use, export, re-export, transfer, or provide the Service in violation of applicable U.S. export controls, sanctions, or trade restrictions.

SierraTec may restrict access or payments where necessary to comply with sanctions, export-control, payment-network, or other legal requirements.

43. Governing Law and Venue

Unless mandatory law requires otherwise or an enterprise agreement states different terms, these Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Service will be brought in the state or federal courts located in Virginia, unless applicable law requires another forum. Mandatory consumer rights and jurisdictional protections remain unaffected.

44. Changes to These Terms

SierraTec may update these Terms from time to time. If a change is material, SierraTec may provide notice through the Service, email, workspace notification, or another reasonable method.

Changes will apply prospectively to the extent required by law. If you do not agree to updated Terms, you must stop using the Service and cancel any affected subscription before the changes take effect where applicable.

45. General Contract Terms

Order of Precedence. If these Terms conflict with a signed enterprise order form, DPA, BAA, SLA, or other authorized written agreement, that agreement controls to the extent of the conflict for the subject matter it covers. Otherwise, these Terms control.

Assignment. You may not assign these Terms without SierraTec’s prior written consent, except where applicable law provides otherwise. SierraTec may assign these Terms in connection with a merger, acquisition, reorganization, financing, or sale of substantially all relevant assets.

Force Majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, except payment obligations already due and obligations that cannot legally be excused.

Severability. If any provision is found unenforceable, the remaining provisions remain effective and the unenforceable provision will be modified only to the minimum extent necessary.

No Waiver. Failure to enforce a provision does not waive the right to enforce it later.

No Third-Party Beneficiaries. Except where expressly stated, these Terms do not create enforceable rights for third parties.

Electronic Communications. You consent to receive legally permitted notices and transactional communications electronically. You are responsible for maintaining a current contact email address.

Entire Agreement. These Terms, together with incorporated policies and applicable written agreements, constitute the agreement governing your use of SierraTec Survey.

46. Contact Information

Questions about these Terms may be directed to SierraTec Secure LLC, SierraTec Survey, at info@sierratecsecure.com. The current company contact page is available at www.sierratecsecure.com/contact.

For billing, privacy, security, student-verification, or enterprise matters, SierraTec may publish additional contact channels within the Service or applicable policy.