Terms of Service

These Terms are a contract between Metalytiq Research & Solutions Private Limited (CIN U70200UW2026PTC254788, Noida, India; "Metalytiq", "we") and the organisation that creates a workspace on Metalytiq Survey Cloud (the "Customer", "you"). The person who creates the workspace confirms that they may bind the Customer. By ticking the acceptance box at sign-up, by accepting the notice shown in the service when the Terms change, or by using the service, you accept these Terms and the Data Processing Agreement, which forms part of them. Users invited into a workspace are bound through the Customer that invited them.

1. The service

Metalytiq Survey Cloud (the "Service") is software for designing surveys, collecting answers from respondents, managing sample and panels, and analysing and reporting the results. We provide it as a hosted service at the workspace addresses we give you. The user guide describes what it does; features marked as beta or preview may change or be withdrawn.

2. Accounts and workspaces

• You must give accurate details at sign-up and keep them current. Sign-up requires a work email address; consumer mailboxes are not accepted.
• Each user has their own credentials and must keep them secret. You are responsible for everything done in your workspace by your users and by anyone using their credentials, and for giving each user only the permissions they need.
• You will tell us promptly at support@metalytiq.net if you suspect unauthorised access.
• Your workspace owner and admins can invite, suspend and remove users, and can see the workspace's audit log.

3. Acceptable use

You will use the Service only for lawful research and feedback activities. You will not:

• send invitations to people you have no lawful basis to contact, or in breach of anti-spam law;
• collect personal data without a lawful basis, or more than the research needs;
• use surveys to deceive people, harvest credentials, or deliver malware;
• ask questions or collect data that break the law where the respondent lives, including special-category data without the required basis;
• interfere with the Service, probe its security, or scrape it;
• resell the Service, or use it to build a competing product;
• upload content that infringes someone else's rights or that is unlawful.

We expect you to follow the codes of conduct of the research profession (for example the MRS Code of Conduct or the ICC/ESOMAR International Code) where they apply to you. We may suspend a workspace or a survey that breaches this section, telling you why and restoring it when the breach is fixed, unless the law prevents us.

4. Your data

• You own your Customer Data: survey designs, answers, sample and panel lists, files, recordings, reports and exports. You grant us a licence to host, process, display and transmit it only as needed to provide the Service and as you instruct.
• You are the controller of the personal data in it; we are your processor under the DPA. You are responsible for the notices your respondents receive, including the privacy notice shown in the survey, and for obtaining any consent the law requires.
• You can export your Customer Data at any time in the formats the Service offers.
• When a workspace is deleted, its data is destroyed after a grace period you set between 1 and 180 days (30 by default). Export what you need before then.

5. Our property

The Service, its software, documentation, designs and trade marks belong to Metalytiq or its licensors. You may not copy, modify or reverse-engineer it except as the law allows. Suggestions you give us about the Service may be used without obligation to you. Nothing in these Terms transfers any rights in your Customer Data to us.

6. AI features

The Service can ask AI-written follow-up questions in open-ended questions, and may offer other AI-assisted features. These are optional and switched on per workspace at your request. When they are on:

• the text a respondent types (with contact details removed) and any voice recording are sent to the AI model provider named at /legal/sub-processors to produce the next question or a transcript;
• you must disclose this to respondents in the survey; the Service provides a place for that text;
• AI output can be wrong, biased or inappropriate; you are responsible for reviewing how it is used in your surveys and for the research decisions you take on it;
• we may limit usage to keep the Service stable and may change providers with notice through the sub-processor list.

7. Fees and trial

• A new workspace starts on a 30-day free trial. At the end of the trial you choose a plan or the workspace is suspended and then deleted under section 4.
• Professional and Enterprise are priced in a written quote or order. Prices exclude VAT, GST and other taxes, which you pay where they apply.
• We invoice in advance; invoices are due within 30 days. We may suspend a workspace that is more than 30 days overdue after a written reminder.
• Plan changes take effect from the next billing period unless the order says otherwise. Fees are not refundable except where these Terms or the law say so.
• We may change prices with 60 days' notice; changes apply from your next renewal.

8. Availability and support

We aim to keep the Service available at all times but do not promise uninterrupted operation. We will tell you in advance of planned maintenance where we can. Support is by email at support@metalytiq.net during Indian and UK business hours. Service levels for Enterprise customers are set in their order.

9. Confidentiality

Each of us will keep the other's confidential information secret, use it only for this agreement, and protect it with reasonable care, for five years after the agreement ends. This does not cover information that is public, already known, or independently developed, or that the law requires to be disclosed (with notice where allowed). Your Customer Data is your confidential information.

10. Warranties and disclaimers

We warrant that the Service will perform materially as described in the user guide and that we will provide it with reasonable skill and care. Otherwise the Service is provided as is. We do not warrant that it will be error-free, that it fits a particular purpose, or that research results will be accurate. You warrant that you have the rights and lawful bases needed for the Customer Data you process and the people you contact.

11. Liability

Nothing limits liability for death or personal injury caused by negligence, fraud, or anything the law does not allow to be limited.

Subject to that, neither party is liable for indirect or consequential loss, loss of profit, revenue, goodwill or data (except our obligations under the DPA), and each party's total liability under this agreement in any 12-month period is limited to the fees paid by you in that period, or £1,000 during a free trial.

12. Indemnities

You will indemnify us against claims arising from your Customer Data, your surveys, your contact with respondents, or your breach of section 3. We will indemnify you against claims that the Service, used as permitted, infringes a third party's intellectual property, provided you tell us promptly and let us control the defence; we may modify or replace the Service, or end the agreement and refund prepaid fees, to resolve such a claim.

13. Suspension and termination

• You may end the agreement at any time by deleting the workspace; fees already paid are not refunded except where section 12 or the law requires.
• We may end it on 30 days' written notice at the end of a billing period, or immediately if you materially breach these Terms and do not fix the breach within 14 days of notice, or if you become insolvent.
• On termination section 4 applies to your data, and sections 5, 9, 11, 12, 14 and 15 survive.

14. Changes to these Terms

We may update these Terms. We will post the new version here with its version number and effective date, and show workspace users a notice in the Service when it goes live, with the option to review and accept it. A material change takes effect no sooner than 30 days after it is posted. Continued use after the effective date is acceptance; if you do not agree you may end the agreement before then.

15. General

• Governing law and courts. These Terms are governed by the laws of India and the courts of Gautam Buddha Nagar, Uttar Pradesh have exclusive jurisdiction.
• Notices to us go to legal@metalytiq.net and to the registered office; notices to you go to the workspace owner's email.
• Assignment. Neither party may assign this agreement without consent, except to a successor in a merger or sale of the business, with notice.
• Force majeure. Neither party is liable for delay caused by events beyond its reasonable control.
• Entire agreement. These Terms, the DPA, the sub-processor list and any written order are the whole agreement and replace earlier discussions. If a term is unenforceable the rest stands. No waiver is implied from delay.
• Order of precedence. A signed order, then the DPA, then these Terms.

16. Contact

Metalytiq Research & Solutions Private Limited, Wave One, Unit 22/4, Silver Category, Sector 18, Noida 201301, Uttar Pradesh, India · legal@metalytiq.net · support@metalytiq.net