Terms of Service

1. Introduction

These Terms of Service govern access to and use of the SRVY platform. SRVY is a survey and feedback platform operated by HR Cluster AS. By accessing or using the platform, the customer and the individuals who use it agree to these terms.

SRVY lets a customer workspace build surveys, invite respondents, collect responses (including anonymous responses), and read the results through analytics. HR Cluster AS and Konsulentguiden, published by Fokus Publishing AS (organisation number 976 693 132), also conduct industry benchmark surveys through SRVY, and section 6 sets out how those differ from a customer workspace's own surveys. These terms apply to the workspace users who administer a customer workspace. The separate handling of respondent data is described in our Privacy Policy.

2. The service

SRVY provides tools for survey research and feedback collection. These include:

• Designing and managing surveys through the SRVY platform
• Distributing surveys through invitations, links, and managed email
• Collecting responses, including anonymous responses
• Managing audiences through subscriptions, pools, and lists
• Analysing results and exporting data

Not all features are available on every plan. Feature availability depends on the service agreement with the customer and on how the customer workspace is configured. We may add, change, or retire features over time. Where a change materially reduces a core function, we will give notice where practical.

3. Customer workspaces and accounts

A customer workspace is the account through which a customer uses SRVY. The customer workspace controls its own workspace users, their roles, and their permissions. Workspace users must provide accurate account information, keep their sign-in credentials confidential, and not share access with unauthorised persons.

The customer workspace is responsible for the actions of its workspace users and for ensuring that everyone it grants access to complies with these terms. HR Cluster AS is not liable for actions taken by authorised users within a customer workspace.

4. Acceptable use

You agree not to use the platform for any unlawful purpose, or in any way that could damage, disable, or impair it. In particular, you must not:

• Attempt to gain unauthorised access to workspaces, accounts, systems, or data
• Upload or transmit malicious code, or content that is unlawful or infringing
• Send survey invitations or subscription email to people who have not agreed to receive them, or otherwise use SRVY to send unsolicited bulk email
• Use the platform to collect data in breach of applicable privacy or marketing law
• Scrape, crawl, or extract data by automated means without authorisation
• Interfere with or disrupt the integrity or performance of the platform, or attempt to circumvent respondent anonymity

5. Customer data and ownership

The customer workspace retains full ownership of the surveys it creates and the response data it collects. HR Cluster AS receives a limited, non-exclusive right to host, process, and display that data solely to provide the platform. HR Cluster AS does not claim ownership of that data and does not use it for unrelated purposes.

The customer is responsible for the lawful basis of the surveys it runs and the audiences it contacts. This includes obtaining any consent required, honouring unsubscribe and opt-out requests, and giving respondents the information they are entitled to. When SRVY processes personal data on the customer's behalf, it does so as a processor under our Data Processing Agreement.

6. Benchmark intellectual property

The SRVY benchmark is based on a methodology developed and owned by HR Cluster AS, which operates the SRVY platform. The benchmark questionnaires and editorial survey content are developed and owned by Konsulentguiden, published by Fokus Publishing AS (organisation number 976 693 132).

Together, the methodology and survey content are used to conduct industry benchmark surveys through the SRVY platform. The resulting benchmark dataset and aggregated benchmark insights are jointly maintained and made available through the cooperation between HR Cluster AS and Fokus Publishing AS.

Customers are granted access to benchmark results and analyses in accordance with their subscription or agreement. Customers do not acquire ownership of the benchmark methodology, benchmark questionnaires, or the benchmark dataset.

Where a customer creates and conducts its own private surveys through the platform, the customer retains ownership of those surveys and the response data collected through them.

This ownership arrangement does not affect the roles and responsibilities under applicable data protection law, or the rights of individuals whose personal data is processed, as described in our Privacy Policy and our Data Processing Agreement.

7. Respondents and survey content

Surveys created by a customer workspace, and the questions in them, are that workspace's own. The benchmark surveys described in the previous section are conducted by HR Cluster AS and Konsulentguiden instead. HR Cluster AS does not review or endorse the content of a customer's own surveys, and is not responsible for the questions asked in them, the audiences chosen, or the conclusions drawn from their results. SRVY is designed so that survey responses are not linked to the people who give them. Our Privacy Policy sets out what this does and does not guarantee. The customer workspace must not attempt to re-identify respondents or otherwise defeat this separation.

8. Privacy

Our handling of personal data is described in our Privacy Policy and, for data processed on behalf of a customer, in our Data Processing Agreement. By using the platform, you confirm that you have reviewed our Privacy Policy.

9. Service availability

HR Cluster AS aims to keep SRVY reliably available, but does not guarantee uninterrupted or error-free operation. The platform may be unavailable during maintenance and updates, or because of circumstances beyond our reasonable control. We schedule disruptive maintenance considerately and give advance notice where practical.

10. Intellectual property

The SRVY platform, including its software, design, functionality, the Question Library system and its implementation, documentation, and branding, is the property of HR Cluster AS and is protected by applicable intellectual property law. Ownership of benchmark questionnaires and editorial survey content is governed by section 6, regardless of their storage in the Question Library. These terms grant you no right to use our trademarks, logos, or other proprietary materials, except as needed to use the platform as intended.

11. Suspension and termination

HR Cluster AS may suspend or terminate access to the platform where:

• These terms are breached;
• There are security concerns or suspected unauthorised access;
• Applicable fees are unpaid; or
• Suspension is required by law or regulation.

Where practical, we will give notice before suspending access. In urgent security situations, access may be suspended immediately. On termination, customer data is handled as described in our Data Processing Agreement.

12. Limitation of liability

To the fullest extent permitted by applicable law, HR Cluster AS is not liable for any indirect, incidental, consequential, or special damages. This includes loss of profits, loss of data, business interruption, and decisions made on the basis of survey results or analytics produced through the platform. Nothing in these terms limits liability that cannot be limited under applicable law.

13. Changes to these terms

HR Cluster AS may update these terms from time to time. We will communicate material changes through the platform or by email to the workspace administrator. Continued use of the platform after a change takes effect constitutes acceptance of the updated terms.

14. Governing law and disputes

These terms are governed by the laws of Norway. Any dispute arising from or relating to these terms or the use of the platform is subject to the courts of Norway.

15. Contact

SRVY is operated by:
HR Cluster AS
Email: legal@srvy.app
Web: srvy.app