Terms of Service

Document ID: SURWAYR-TOS-v1.1

Effective date: 28 March 2026

Last reviewed: 28 March 2026

Language and interpretation: This document is the official, legally binding text of the agreement. The Hungarian-language version is the basis of interpretation. Versions in other languages (e.g. English, German) appearing in the Service or elsewhere are non-official translations for assistance only; in case of dispute, the Hungarian text prevails (This Hungarian-language document constitutes the authoritative and legally binding version of this Agreement. Any translations provided in other languages are for convenience only and shall have no legal effect).

Hungarian original (HU): Download the authoritative PDF (HU)

Parties

Provider:

Company name: Devtronics Kft. (DEVTRONICS IT Ltd.)
Registered office: 1174 Budapest, Baross utca 69. — Hungary
Company registration number: Cg. 01-09-963791
Tax ID: 23398403-2-42
Email: legal@surwayr.com

User (Subscriber): Any natural or legal person using the Service.

1. Description of the Service

SURWAY’R (hereinafter: the “Service”) is a Software-as-a-Service (SaaS) web platform that enables survey design, publication, data collection, structured data export, and artificial-intelligence-based analysis. The Service is available at https://surwayr.com.

The User may create surveys solely for their own internal business and research purposes. The User bears sole responsibility for the content of surveys they create, including their accuracy and appropriateness, as well as the final processing and use of respondent data.

For correct and uninterrupted use of the Service, we recommend that the User verify their technical environment. The Provider is not liable for slow loading times, network delays, or failed display of content where the cause lies in the User’s technical environment. The Provider reserves the right to restrict use of the Service for certain persons, geographic regions, or jurisdictions.

2. Formation of the agreement

These Terms of Service (ToS) are deemed accepted upon the User’s registration and explicit ticking of the checkbox — or, where the terms are amended, upon continued use of the Service after explicit notice of these Terms — and constitute a binding agreement between the Provider and the User (or by continued use of the Service following explicit notice of these Terms).

If the User registers on behalf of an organisation (company, institution, or other legal person), they represent and warrant that they are authorised to act for that organisation, and every provision of these ToS referring to the “User” applies to the organisation as well, jointly and severally with the User.

The User acknowledges that the Provider regularly reviews general information published on the Website and in the application but does not guarantee full accuracy. Price lists and descriptions of the Service may be changed at any time; the User is advised to check the relevant pages regularly.

2a. Age requirement

The Service may only be used by persons who have reached the age of 18, and by organisations. As an exception, minors aged 16–18 may register if they submit the prior written consent of their legal representative (parent or guardian) to legal@surwayr.com. Persons who have not reached the age of 16 may not use the Service under any circumstances. By submitting registration, the User declares that they meet the age requirement. If the Provider becomes aware that a minor provided false information during registration, the account will be deleted without delay and the relevant data removed.

3. Access to the Service and account management

3.1 Account creation

To use the Service, the User must create an account with true, accurate, and up-to-date information. The User may not register in a third party’s name unless expressly authorised to do so.

“Authorised User” means the User in question, or a person invited within their organisation who has individual sign-in credentials and password and is entitled to use the account and the Service on the User’s behalf. Other persons — including employees, contractors, subcontractors, and consultants — may not receive access beyond what is included in the package available to Authorised Users.

Depending on configuration, the Provider may offer sign-in with username and password and/or Sign in with Google (OAuth 2.0 / OpenID Connect). Google (Google LLC or the applicable Google entity) identifies the person during the sign-in flow; the Provider creates or admits an account based on a successfully verified identity. The User is responsible for securing their Google account and complying with Google’s terms. Accounts created only via OAuth have no password in SURWAY’R until the User sets one separately (if the Provider enables that).

3.2 Account security

Safeguarding sign-in credentials (password, API keys) for the account is the User’s sole responsibility. Sharing sign-in credentials with third parties — other than Authorised Users — is prohibited. The User must notify the Provider without delay (legal@surwayr.com) if they detect unauthorised use of their account. The Provider treats all activity under the User’s account as initiated by the User, unless the User reports unauthorised access immediately.

3.3 Organisational accounts

If the User manages an account on behalf of an organisation, they are responsible for ensuring that all Authorised Users read and comply with these ToS. A User acting for an organisation must ensure that Authorised Users understand the consequences of data ownership — in particular that content created and data collected in an organisation-linked account are owned by the organisation.

3.4 Subscription tiers

The Provider offers various subscription tiers (Free, Pro, Team) with different features and limits. The exact content of each tier is set out on the Pricing page. The free base service (Free tier) is available as soon as an account is created; paid tiers become accessible from the start of the subscription and payment of the fee.

4. User obligations and permitted use

4.1 General obligations

The User must use the Service in compliance with applicable law, in good faith, and in accordance with these ToS. The User must comply with the Provider’s Acceptable Use Policy (AUP), which forms an integral part of these ToS.

4.2 Prohibited conduct

In particular, the User is not entitled to:

Use the Service solely as storage, a data repository, or for other hosting purposes;
Circumvent, disable, or abuse the Service’s security mechanisms, usage limits, or protective measures;
Crawl or scrape the Website or Service with automated tools (robot, spider, scraper, crawler, etc.) or extract data from them, except integrations permitted via the Provider’s public APIs;
Reverse engineer, disassemble, or decompile the Service’s source code, except where mandatory applicable law expressly permits;
Cause harm to other users, systems, or networks (including DDoS, spreading viruses, spamming);
Reproduce, sell, or resell the Service for commercial purposes;
Impersonate another person or organisation, misrepresent relationships, or harass others;
Collect card data, passwords, or similar authentication data outside solutions expressly provided by the Provider for that purpose;
Send unsolicited commercial electronic messages (spam), or use the Service for communications that the recipient did not request or from which they have unsubscribed;
Perform vulnerability assessment, load testing, or penetration testing without the Provider’s prior written consent;
Use the Service to measure competitiveness, for benchmarking, or for purposes contrary to the Provider’s legitimate competitive interests.

If the User’s survey becomes the target of a DDoS attack or a similar attack from a third party, the Provider may suspend the affected service without liability to the User until the situation is resolved.

4.3 User content and surveys

The User retains their copyright and ownership rights in content uploaded to the Platform (text, images, graphics, data, survey structures — together: “User Content”).

By uploading User Content, the User grants the Provider a non-exclusive, revocable, royalty-free, worldwide licence to store, process, reproduce, and display it for the purpose of providing the Service, subject to the provisions of the Privacy Policy.

The User warrants that: - (i) they are entitled to upload the User Content and grant the licence above without infringing third-party rights; - (ii) the User Content does not infringe third-party intellectual property, personality, or other rights; - (iii) the User Content complies with these ToS and applicable law; - (iv) they have obtained all consents from data subjects required to publish the User Content.

The User must not upload content that: (a) is protected by copyright, trade secret, or other property rights and the User has no permission to use; (b) breaches consumer protection law; (c) is unlawful, defamatory, threatening, pornographic, harassing, hateful, or discriminatory; (d) constitutes a criminal offence; (e) is malicious, misleading, or fraudulent.

4.4 Obligations regarding respondents

If the User collects data from persons (“Respondents”) through their surveys, the User is solely responsible for: - (a) the legal relationship with the Respondent and compliance with all legal obligations applicable to them; - (b) the security of Respondent data; - (c) obtaining all consents required for data collection and transfer to the Provider in accordance with applicable data protection law; - (d) informing Respondents about the Provider’s Privacy Policy.

The User exercises controller rights over Respondent data; the Provider processes such data as processor in accordance with the DPA.

4.5 Third-party integrations

The User may connect the Service to third-party tools (webhooks, API integrations). The Provider is not liable for the activities of third parties involved in such integrations and does not warrant secure data transfer if the User does not use a secure protocol (e.g. non-HTTPS). The User is responsible for understanding and complying with the terms and data practices of such integrations.

The User expressly agrees that the Provider assumes no liability whatsoever for third parties’ use of data in respect of connections enabled through public APIs and integration tools.

4.6 Content review

The Provider is not obliged to pre-moderate content published by the User. However, where required by law, following a third-party notice, or where phishing/fraud is suspected, the Provider may review, disable, modify, or delete content — and will notify the User in advance where possible. The Provider assumes no liability for such intervention.

4.7 Beta (early-access) features

The Provider may from time to time offer early-access (beta) features to certain Users. These features are subject to these ToS but additional terms may apply. Beta features are not final products: they may be incomplete or faulty, and the Provider may terminate, change, or limit them without justification or prior notice. Beta features are not covered by SLA guarantees. The Provider makes no express or implied warranties regarding beta features and is not liable for data loss, unexpected results, or other damage arising from them.

4.8 Third-party intellectual property

The User may only upload or make available on the Platform content for which they have the necessary rights or licences. It is prohibited to unlawfully transmit or distribute copyrighted, trademarked, or other IP-protected content through the Service, or to place links to infringing content or P2P platforms.

The Provider reserves the right to remove content that breaches this provision with immediate effect and without prior notice; the Provider assumes no liability for such removal.

5. Subscription plans and payment

5.1 Plans

The Service is available on Free, Pro, and Team subscription tiers. Features and limits for each tier are shown on the Pricing page.

5.2 Payment and invoicing

Payment transactions are processed by Stripe Ireland Limited (c/o A&L Goodbody, IFSC, Dublin 1). The Provider does not store the User’s card data and does not have access to it; card data is processed only on Stripe’s PCI DSS Level 1 certified infrastructure.
Fees are charged at the start of each subscription cycle (monthly or annually).
Prices are the net amounts shown on the Pricing page; any applicable VAT is added on top (see Billing Terms in detail).
Failure to update payment details (e.g. expired card) may result in suspension or termination of the subscription.
If the card issuer updates the payment method, Stripe may receive updated card data (card number, expiry, CVV), and the User hereby consents to continued charging in this manner.

5.3 Taxes

Fees are stated net of statutory taxes (VAT and other turnover taxes). The User is responsible for paying all applicable taxes in connection with their subscription, except taxes on the Provider’s net income. In case of withholding tax, the User is responsible for payment and shall reimburse the Provider for amounts paid under compulsion.

5.4 Billing disputes

Billing disputes must be reported to billing@surwayr.com within 30 days of the charge date. After that period, the User waives the right to claim a refund of the disputed amount. The parties will seek to resolve disputes in good faith; undisputed amounts remain due on their due dates during the dispute.

5.5 Automatic renewal and cancellation

The free tier is available indefinitely unless terminated by the Provider or the User.
Paid tiers renew automatically at the end of each subscription period on the same terms and at the then-current fee. The User may disable automatic renewal at any time before the end of the current period in account settings.
Upon cancellation, the subscription ends at the end of the paid period; the User retains access until then. Refunds are not available — except as set out in the Billing Terms.

6. Suspension and termination of the account

6.1 Actions by the Provider

The Provider may suspend the User’s account if the User: - provided false or inaccurate information during registration; - breached these ToS or the AUP; - failed to meet payment obligations.

Before suspension — where circumstances permit — the Provider will send notice and an opportunity to remedy the breach. The breach must be remedied within 10 calendar days of notice; failure to do so may result in account termination.

In case of serious breach (e.g. phishing, intentional legal infringement, intentional harm to third parties), the Provider may suspend or terminate the account with immediate effect without prior notice.

Inactive Free accounts: If a User on the free tier does not sign in to their account for 24 consecutive months, the Provider may terminate the account after a warning. The User may prevent this by signing in, which restarts the 24-month period.

6.2 Termination by the User

The User may terminate their account at any time using the account deletion function in account settings. Account termination may result in data loss; retention of remaining data is governed by the Privacy Policy.

6.3 Consequences of termination

Upon account termination, all licences granted by the Provider to the User cease; the User loses access to the account and the Service, including all stored data. The Provider deletes data in accordance with the retention provisions of the Privacy Policy, except where law requires longer retention.

The Service may include functionality allowing the User to share content on social media or other third-party platforms in connection with use of the Service. Use of such features requires that the User read and accept the relevant third party’s terms and privacy policy.

The Provider is not responsible for third-party platforms’ content, products, or services. The User is solely responsible for their activity on such platforms and for shared content.

8. Intellectual property

8.1 Provider’s rights

The Service’s software code, design, logo, documentation, and all related intellectual works are the exclusive property of the Provider and are protected by copyright, trademark, and other intellectual property laws. These ToS do not transfer any copyright, trademark, or other IP rights to the User.

8.2 User data

Data uploaded by the User or collected through surveys (including responses) belong to the User. The User grants the Provider a non-exclusive, revocable licence to store and process the data for the purpose of providing the Service.

8.3 Feedback

If the User sends suggestions, opinions, or ideas (together: “Feedback”) to the Provider, such Feedback is not confidential and does not constitute intellectual property. The Provider may freely use Feedback for any purpose, including improving the Service, without owing consideration to the User.

8.4 Organisational reference

If the User is an organisation, the Provider may display the organisation’s logo, trade name, and trademarks on its website and in other marketing materials for business reference. The User grants a non-exclusive, non-transferable, royalty-free, worldwide licence for this purpose. If the User does not wish this, they may notify legal@surwayr.com and the Provider will remove the reference without delay.

9. Disclaimer and limitation of liability

9.1 Disclaimer and availability

The Service is provided “as is” and “as available”, except for availability commitments defined in the SLA document (SURWAYR-SLA-v1.0). The Provider makes no other express or implied warranty as to error-free operation, continuity, security, or fitness for any particular purpose. The User bears the full risk arising from use and performance of the Service.

Statutory rights of the User — in particular consumer rights — may not be limited by these provisions beyond what applicable law allows.

9.2 Liability cap

The Provider’s liability — on any legal basis (contract, tort, statute) — shall in aggregate not exceed the amount the User actually paid for the Service in the twelve (12) calendar months preceding the claim. For the Free tier, liability is capped at 100 EUR (or the HUF equivalent at the MNB exchange rate on the date the claim arises).

Mitigation and cooperation: The liability cap does not relieve the Provider of statutory duties to mitigate damage. If the User suffers harm, the Provider will: - notify the User without delay of the loss event as known; - take all reasonable technical and organisational measures to limit the damage; - cooperate with the User in investigating, documenting the damage, and any regulatory proceedings.

This limit applies in aggregate to all claims; the User must also take reasonable steps to mitigate loss.

9.3 Exclusion of consequential damages

Regardless of the liability cap, neither party is liable to the other for any indirect, incidental, punitive, or consequential damages (including lost profits, loss of revenue, loss of data, goodwill, or other non-pecuniary loss), even if advised of the possibility.

9.4 Exceptions

The limitations in sections 9.2 and 9.3 do not apply to: - (a) intentional wrongdoing or gross negligence; - (b) intentional unauthorised access to confidential data; - (c) cases where limitation is prohibited by law (in particular liability for data protection damages under GDPR Article 82); - (d) personal injury or death where attributable to the Provider’s negligence.

9.5 Limits in certain legal systems

Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for consequential damages. In such cases, the above exclusions and limitations apply only to the extent permitted by law; the relevant provisions are reduced to the narrowest extent allowed.

10. Indemnification

10.1 User indemnity

The User agrees to indemnify, defend, and hold harmless the Provider (and its officers, directors, employees, agents, partners, successors, and licensees) from any claims, actions, proceedings, fines, sanctions, damages, liabilities, losses, and costs (including reasonable attorneys’ fees — together: “Losses”) arising from: - (a) use of the Website and Service and activity under the User’s account; - (b) breach of these ToS or the AUP; - (c) infringement of third-party intellectual property rights by the User’s content; - (d) content of surveys created by the User — in particular where it is unlawful, misleading, discriminatory, or infringes third-party rights; - (e) breach of GDPR or other data protection obligations relating to data collected through the Service; - (f) breach of applicable law.

The User acknowledges that the Provider does not pre-moderate survey content uploaded by the User and assumes no legal liability for it.

10.2 Provider indemnity

The Provider agrees to indemnify the User against any claim arising from the Service itself (independent of the User’s content) infringing a third party’s valid intellectual property rights.

11. Termination of the agreement

By the User: At any time via account settings.
By the Provider: With immediate effect for material or repeated breach of these ToS; for other reasons, with 30 days’ prior written notice.
After termination, the User’s data will be deleted or returned in accordance with the retention periods in the Privacy Policy (SURWAYR-PP-v1.1).

12. Amendment of these Terms and the Service

The Provider may amend these ToS unilaterally. Material changes will be communicated to the User by email at least 30 days before they take effect. Continued use of the Service after notice constitutes acceptance of the new terms. If the User does not agree with the amendments, their sole remedy is to stop using the Website, account, and Service.

The Provider will inform Users of notices relating to these ToS by email or in-app messages. The User is responsible for checking these regularly.

The Provider also reserves the right to change, update, experiment with, limit, or discontinue features, the interface, or parts of the Service — including Free tier limits — at its discretion. If a change materially affects the User’s subscription, the Provider will give prior notice.

13. Governing law and jurisdiction

13.1 Governing law

This Agreement is governed by the laws of Hungary (This Agreement shall be governed by the laws of Hungary), without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

13.2 Exclusive jurisdiction

Disputes arising out of or in connection with these ToS shall be subject to the exclusive jurisdiction of the courts of Hungary. (Disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Hungary.)

13.3 Prior consultation

The parties will first attempt to resolve disputes amicably within a 30-day consultation period before bringing court proceedings.

13.4 Consumers and EU users

For consumers in EU Member States, mandatory consumer protection rules prevail over the above choice of law where applicable, under Article 6 of Regulation (EC) No 593/2008 (Rome I).

The European Commission’s online dispute resolution platform (ODR) is available at https://ec.europa.eu/consumers/odr. Dispute contact: legal@surwayr.com.

14. General provisions

Severability: If any provision of these ToS is invalid, the remaining provisions remain in effect. The invalid provision shall be replaced by a valid provision that comes closest to the original intent.
Waiver: Waiver of enforcement of these ToS is binding on the Provider only if in writing; it does not waive future enforcement of that right.
Entire agreement: These ToS, the Privacy Policy, the DPA, the Cookie Policy, the AUP, and the Billing Terms constitute the entire agreement between the parties and supersede all prior oral or written agreements on the subject. Each party warrants that they did not rely on any representation, warranty, or assurance not expressly set out in these ToS when entering into them.
Document precedence: In case of conflict between documents, the following order applies (in case of conflict, the following order of precedence applies):
1. Data Processing Agreement (DPA)
2. Service Level Agreement (SLA)
3. Billing Terms
4. Terms of Service (this document)
5. Cookie Policy, Privacy Policy, AUP
Assignment: The User may not assign rights or obligations under this Agreement without the Provider’s prior written consent. The Provider may assign this Agreement without the User’s consent in connection with a merger, acquisition, or sale of assets or business (The Company may assign this Agreement without the User’s consent in connection with a merger, acquisition, or sale of assets or business). The User will be notified at least 30 days before assignment; if the assignment terms are materially less favourable, the User may terminate the subscription within 30 days of notice with a pro-rata refund.
Force majeure: Neither party is liable for failure or delay in performance due to events beyond its reasonable control — including natural disasters, war, terrorism, government action, widespread internet outage, pandemic, cyber attack, supplier outage, or outage at the Provider’s infrastructure partners (Neither party shall be liable for failure or delay in performance due to events beyond its reasonable control, including acts of God, war, terrorism, government action, pandemic, widespread internet or infrastructure outages, or denial-of-service attacks). If a force majeure event continues for more than 30 days, either party may terminate the agreement with immediate effect. Force majeure does not relieve the User from paying amounts already due and overdue.
Consent log: The time of the User’s acceptance, the versions of documents accepted, the IP address, and the browser identifier (user-agent) are automatically recorded and retained by the Provider’s systems for the duration of the relationship and thereafter within applicable limitation periods (in line with GDPR retention rules). This log serves as evidence for GDPR compliance and any dispute. The consent log system operates on a technically tamper-resistant (append-only) basis: write protection is enforced at the database layer via triggers; at the log file layer, a SHA-256 hash chain ensures that recorded entries cannot be altered or deleted afterwards. Consent audit logs are retained for 5 years from account termination.

15. Contact and notices

Questions, complaints, or notices relating to these ToS may be submitted at:

Devtronics Kft.
1174 Budapest, Baross utca 69. — Hungary
Email: legal@surwayr.com