Terms of Use

Spirit Of Our Relationship

Before 2026, data was all about granularity.

For 2026 and beyond, it's about data cleanliness.

This is reflected in our Terms of Use. Our fundamental approach: Simply respect people's privacy.

It's also reflected in the effectiveness of our market intelligence mechanism.

Who says you have to sacrifice performance by doing the right thing? Not us.

TinySurveys™ is a product of Big Heart Technology, p.b.c. ("BHT," "we," "us," or "our").

These Terms of Use ("ToU") govern your access to and use of (collectively, the "Technology"):

• TinySurveys Researcher
• TinySurveys Publisher

By accessing or using the Technology, you agree to be bound by these ToU and our Privacy Policy.

1. Eligibility and Authority

You must be at least the age of majority in your jurisdiction and have the legal authority to enter into these ToU.

If you are using the Technology on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these ToU.

2. Description of the Technology

Please see Appendix A.

3. Accounts and Responsibilities

BHT provides the Technology as a service provider and/or ‘processor.’ You determine what data to collect and how to use it, subject to the restrictions and requirements of these ToU, including prohibitions on collecting Personally Identifiable Information.

To the extent any personal data is processed through the Technology, you are responsible for determining the purposes and use of such data and for complying with applicable laws. BHT does not act as a joint controller with you unless expressly agreed in writing. To the extent applicable under international privacy laws, you are responsible for establishing an appropriate lawful basis for any personal data collected or submitted through the Technology. Aggregated or de-identified data is intended not to identify individuals and is treated as non-personal data to the extent permitted under applicable law.

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity conducted under your account, including all survey activity, content, and purchases
• Ensuring that all information you provide is accurate and current
• Ensuring your use of the Technology, including all survey content and data collection practices, complies with all applicable laws, regulations, and industry standards

BHT is not liable for any loss or damage arising from unauthorized use of your account.

4. Payments and Financial Terms

Certain features of the Technology require payment.

You agree that:

• All fees are disclosed prior to purchase
• Payments are processed through third-party providers
• You are responsible for all charges incurred

Unless otherwise stated:

• Fees are non-refundable
• Any promotional credits or coupon codes provided by BHT are non-transferable, have no cash value, and expire as indicated at the time of issuance or upon termination of your account
• Pricing and availability may change at any time

BHT only stores the financial accounting information needed for the Technology to perform.

5. Use of the Technology

You agree to use the Technology only for lawful and legitimate business purposes.

You may not:

• Use the Technology to collect Personally Identifiable Information (PII), including any information that directly identifies an individual, such as name, email address, phone number, or similar identifiers.
• Use any robot, spider, scraper, or other automated means to access the Technology for any purpose, including monitoring or copying any of the material on the Technology
• Use any artificial intelligence, automated scripts, large language models, or bots to generate, submit, or manipulate survey responses or content
• Submit unlawful, misleading, or infringing content
• Attempt to reverse engineer, disrupt, or interfere with the Technology
• Use the Technology to compete directly with BHT or replicate its functionality

You acknowledge that the Technology is designed to prohibit the collection of Personally Identifiable Information, and any attempt to do so constitutes a material breach of these ToU. However, you agree that these restrictions apply regardless of whether the Technology technically permits such actions.

You may not manipulate, attempt to manipulate, or exploit the Technology, including survey distribution, response collection, or reporting mechanisms, in a manner that distorts results or undermines the integrity of the platform, and you may not attempt to re-identify any individual from aggregated or de-identified data, including by combining datasets or using external data sources. You further agree that any data found to be generated by automated or artificial intelligence means may be discarded without notice, and such activity constitutes a material breach of these ToU. You are strictly prohibited from using the Technology to facilitate any activity that violates the 'Spirit of the Partnership,' including any use that prioritizes data granularity over user privacy. You also agree to comply with all applicable export control and trade compliance laws in your use of the Technology, and may not export, use, or process data obtained through the Technology in a manner that attempts to circumvent these Terms or applicable privacy protections. You are responsible for determining whether your use of the Technology is subject to international privacy or data protection laws, including the GDPR, and for providing any notices and obtaining any consents or permissions required under applicable law.

Any attempt to collect Personally Identifiable Information (PII) through the Technology will result in immediate suspension or termination, at BHT's sole discretion, without notice, in addition to any other remedies available to BHT.

6. Survey Content and Data

You retain ownership of the content you submit.

However, you grant BHT a non-exclusive, worldwide, royalty-free license to:

• Process
• Analyze
• Aggregate
• Display

... such content as necessary to operate, improve, and support the Technology and its outputs.

You acknowledge that:

• Results may be based on audience participation and are not guaranteed
• Data is pseudonymized, aggregated, and de-identified
• BHT is not responsible for how you interpret or use results

BHT has no obligation to monitor, review, validate, or verify any survey content, questions, or responses. BHT may, but is not required to, remove or restrict content at its sole discretion, applied in a reasonable and good faith manner.

BHT makes no representations or warranties regarding the statistical validity, accuracy, or reliability of any results, including due to sample size, response bias, or audience composition.

BHT has no obligation to provide access to underlying data, methodologies, or systems used to generate aggregated outputs. The Technology may include technical measures designed to support operation and ensure the integrity of survey results.

You are solely responsible for ensuring that any data you attempt to collect is permitted under these Terms, regardless of whether the Technology technically allows such collection. BHT does not assume any duty to enforce these Terms on behalf of any user or third party.

7. No Professional Advice

The Technology provides informational and analytical outputs only.

You agree:

• Not to rely on the Technology as a substitute for professional advice
• That you are solely responsible for decisions made based on the results

8. Third-Party Services

The Technology relies on third-party providers ("3PPs") for services such as:

• Payment processing
• Hosting
• Identity verification

BHT does not control and is not responsible for third-party services.

Your use of such services is subject to their respective terms and policies.

9. Intellectual Property

All rights, title, and interest in the Technology (excluding user-submitted content) remain with BHT.

You may not:

• Copy, modify, distribute, or create derivative works
• Use BHT's branding without permission

If you provide any suggestions or feedback to BHT, you grant BHT a perpetual, irrevocable, royalty-free license to use and incorporate such feedback into the Technology without compensation.

Copyright Infringement / DMCA Notice. BHT respects intellectual property rights. If you believe content in the Technology infringes your copyright, please send a notice meeting the requirements of 17 U.S.C. § 512(c)(3) to Legal@BigHeartTrivia.org. BHT has designated a Copyright Agent with the U.S. Copyright Office as required by the DMCA. Upon receipt of a valid takedown notice, BHT will respond in accordance with applicable law. Repeat infringers may be terminated.

10. Disclaimers

The Technology is provided "as is" and "as available."

BHT makes no representations or warranties regarding:

• Accuracy
• Reliability
• Availability
• Fitness for a particular purpose

We do not guarantee that the Technology will be:

• Error-free
• Secure
• Continuously available

BHT does not guarantee that surveys will reach any minimum number of respondents or be completed within any specific timeframe.

BHT is not responsible for the conduct, responses, or participation of any users, audiences, or third parties interacting with surveys.

BHT does not guarantee any business, financial, or marketing outcomes resulting from the use of the Technology.

BHT has no obligation to continue providing the Technology or any features thereof.

BHT makes commercially reasonable efforts to maintain accessibility of the Technology for users with disabilities.

Force Majeure. BHT shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, internet outages, labor disputes, or failures of third-party services.

11. Representations and Warranties

You represent and warrant that:

• You will not collect or attempt to collect Personally Identifiable Information through the Technology
• Your surveys and content comply with all applicable laws and regulations
• You have all rights necessary to submit and use your content

No Reliance. Each party acknowledges that, in entering into these ToU, it has not relied on any statement, representation, or warranty not expressly set forth in these ToU.

12. Limitation of Liability

To the maximum extent permitted by law:

BHT shall not be liable for any:

• Indirect
• Incidental
• Consequential
• Special damages

... including loss of profits, data, or business opportunities.

Your use of the Technology is at your own risk.

The limitations in this section apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

The following limitations apply to the maximum extent permitted by law:

• BHT shall have no liability for any claims arising from or related to data collected, submitted, or processed by users through the Technology.
• BHT disclaims all liability for any claims based on the actions, omissions, or content of users of the Technology.
• BHT’s total liability arising out of or related to these ToU shall not exceed the greater of (a) $1 or (b) the total amount paid by you to BHT in the three (3) months preceding the claim.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

The parties agree that these limitations are a fundamental basis of the relationship between them.

The parties agree that all claims must be brought in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

13. Indemnification

You agree to indemnify, defend, and hold harmless BHT, its affiliates, and partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to, including without limitation:

• Your use of the Technology
• Your content
• Your violation of these ToU
• Your violation of any applicable laws, regulations, or third-party rights
• Any data you collect, submit, or process through the Technology
• Any allegation that your use of the Technology or your data collection practices violated privacy, data protection, or consumer protection laws
• Any claim that your content, surveys, or use of the Technology infringes, misappropriates, or violates any intellectual property or proprietary rights of any third party
• Any breach or alleged breach of your representations, warranties, or obligations under these ToU

BHT reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully in such defense.

This indemnification obligation applies to the maximum extent permitted by law and includes, without limitation, claims arising from regulatory enforcement, data protection violations, or misuse of the Technology.

14. Termination

BHT may suspend or terminate your access at any time, with or without notice, for any reason.

You may stop using the Technology at any time.

BHT reserves the right to refuse service to anyone, at any time, for any reason, to the extent permitted by law.

15. Data and Privacy

Your use of the Technology is subject to our Privacy Policy.

You acknowledge that:

• Data may be processed and stored in the United States and may be transferred internationally in connection with the operation of the Technology
• Aggregated or de-identified data is intended not to identify individuals and is treated as non-personal information to the extent permitted under applicable law and may be used by BHT for research, benchmarking, reporting, and related analytical purposes
• BHT does not sell personal information and does not use personal information for cross-context behavioral advertising

Note the Technology may include technical measures (including device integrity and fraud prevention mechanisms) designed to ensure platform security and the validity of aggregated outputs.

16. No Fiduciary Relationship

To the extent you are deemed a "controller" or similar role under applicable law, nothing in these ToU creates any fiduciary, partnership, or agency relationship between you and BHT.

BHT does not endorse, verify, or guarantee any researchers, publishers, or their activities. No user is authorized to act on behalf of BHT or bind BHT in any manner.

17. Governing Law and Dispute Resolution

These ToU are governed by:

• United States federal law
• The laws of the State of California

Any disputes are subject to:

• Binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules
• Any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action
• The arbitration shall take place in San Mateo County, California, unless otherwise required by applicable law
• Waiver of class action rights
• Opt-Out for Consumers: If you are using the Technology as an individual consumer, you may opt out of this arbitration agreement by sending written email notice to Legal@BigHeartTrivia.org within 30 days of first accepting these Terms. If you do so, neither you nor BHT will be required to resolve disputes through arbitration. This opt-out right does not apply to entities or users governed by a separate Partner Agreement. Should any court of arbitration, or any other competent authority, find any of the provisions in the Terms of Use or Privacy Policy to be void or unenforceable, it shall not affect the rest of the terms in the ToU and Privacy Policy. This arbitration provision shall survive termination of your relationship with BHT.

To the maximum extent permitted by law, each party waives any right to a trial by jury in any proceeding arising out of or related to these ToU.

Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction.

18. Survival

The provisions of these ToU that by their nature should survive termination shall survive, including without limitation Sections 4 (Payments), 6 (Survey Content and Data), 9 (Intellectual Property), 10 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 15 (Data and Privacy), 16 (No Fiduciary Relationship), and 17 (Governing Law and Dispute Resolution).

19. Assignment

You may not assign or transfer these ToU, in whole or in part, without BHT’s prior written consent. BHT may assign or transfer these ToU without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

20. Severability

If any provision of these ToU is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Section headings are for convenience only and have no legal or contractual effect.

21. Waiver

BHT's failure to enforce any provision of these ToU shall not be deemed a waiver of such provision or any other provision.

22. Entire Agreement

These ToU, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and BHT regarding the Technology and supersede all prior or contemporaneous understandings.

23. Changes to These Terms

BHT may update these ToU at any time. We will make commercially reasonable efforts to notify active users of material changes via email, in-platform notice, or other.

Continued use of the Technology constitutes acceptance of the updated Terms.

24. Contact

For questions, contact: Legal@BigHeartTrivia.org