Terms of Service

These Terms of Service (“Terms”) are a contract between you and Earth Wide Service Limited (“Askwise”, “we”, “us”), which operates the Askwise survey and form builder at getaskwise.com (the “Service”).

Legal entity

Earth Wide Service Limited

Incorporated in

Hong Kong

Company Registry No.

79877575

Registered address

Room 511, 5/F, Ming Sang Industrial Building, 19-21 Hing Yip Street, Kwun Tong, Hong Kong

By creating an account or using the Service you agree to these Terms and to our Acceptable Use Policy, which forms part of them. Our Data Processing Addendum also forms part of these Terms and governs how we handle your respondents’ data. Please also read our Privacy Policy.

If you use Askwise on behalf of a company, school, charity or other organisation, you confirm that you are authorised to bind it, and “you” includes that organisation.

Askwise has two kinds of users, and these Terms treat them differently:

• Customers are people and organisations with an Askwise account who create surveys and forms, share them and read the results. Most of these Terms are about customers.
• Respondents are people who open and answer a survey that a customer has shared. Respondents do not need an account.

A survey belongs to the customer who created it. The customer decides what to ask, who to send it to and what to do with the answers. Askwise provides the tools and stores the data on the customer’s behalf.

• You must be at least 16 years old, and old enough to enter a binding contract where you live, to create an Askwise account.
• Give us accurate information, including a working email address, and keep it up to date.
• Keep your password confidential. You are responsible for activity under your account; tell us promptly at [email protected] if you suspect unauthorised access.
• One person per account. Don’t share sign-ins or create multiple Free accounts to get around plan limits.

Askwise lets you build surveys, quizzes and forms from a range of question types, publish them at a link on getaskwise.com, embed them on your own site or share them by QR code, and see the answers as they arrive in live results with charts. Depending on your plan you can also use logic jumps and branching, hidden fields, redirects after completion, email notifications, CSV export and webhooks to your own systems.

We store each response together with limited technical context (timestamps, completion time, device type and referrer) so that you can understand your results. We don’t store respondents’ IP addresses with responses. What we collect is described in full in the Privacy Policy.

In particular, you agree to:

• identify yourself or your organisation clearly in your survey, and never pretend to be someone else;
• provide or link to your own privacy notice where the law requires one, especially if you collect names, email addresses or other personal data;
• ask only for data you actually need. You must not use Askwise to collect passwords, full payment card numbers or government ID numbers, and you must not collect health or other sensitive data unless you have a clear legal basis and the respondent’s informed consent where required;
• obtain verifiable parental consent before surveying children under 13, and follow any stricter rules that apply where you or they are;
• respond to respondents who ask to see, correct or delete their answers. Askwise lets you delete individual responses at any time to help you do this; and
• only send survey invitations to people who expect to hear from you. Askwise does not send survey invitations on your behalf.

Our Data Processing Addendum sets out what we do, and don’t do, with respondent data as your processor.

You must follow our Acceptable Use Policy. In short: no phishing or credential-harvesting forms, no impersonating brands or people, no spam, no illegal or harmful content, no surveying children without parental consent, and no scraping or abusing the Service. You must not try to get around plan limits, rate limits or security controls.

Current plans and limits are shown on our pricing page. At the time of writing:

If you reach your monthly response limit, new responses to your surveys may be paused until the next month or until you upgrade. We may change features and limits of the Free plan at any time. For paid plans, we will give you notice of price changes before they apply to your next renewal, so you can cancel first.

• Currency and taxes. Prices are in US dollars. Taxes are added where applicable.
• Automatic renewal. Paid plans renew automatically at the end of each monthly or yearly period, and we charge your card on file, until you cancel.
• Cancellation. You can cancel at any time in Settings → Plan & billing. Cancellation takes effect at the end of the current billing period. You keep your paid features until then, after which your account moves to the Free plan. Your surveys and responses are not deleted, but surveys above the Free plan’s limits may be closed to new responses.
• Changing plans. You can upgrade or downgrade in Settings. Upgrades apply straight away; downgrades take effect at the end of the current period.
• Receipts. We email a receipt for every payment, and your invoices are available in Settings.
• Failed payments. If a renewal payment fails, we may move your account to the Free plan until payment succeeds.

Full card numbers and security codes never reach or are stored by Askwise. We keep only the card brand, last four digits and expiry date so you can recognise the card on file.

Payments are non-refundable, and we don’t refund partial billing periods when you cancel or downgrade, except where the law requires otherwise or as set out below.

Annual plans. If you are not happy after your first annual payment, email [email protected] within 14 days of that payment and we will refund it in full. This applies once per customer and not to renewals.

Nothing in this section limits refund or withdrawal rights you have under mandatory consumer law.

You own your surveys and the responses you collect (“Your Content”). You give us a limited, worldwide licence to host, store, copy, display and process Your Content only as needed to provide, secure and support the Service for you, for example to show your survey to respondents and your results to you. We don’t sell Your Content or use respondent answers to advertise to anyone.

You are responsible for Your Content and confirm you have the rights to use any text, images or logos you add to a survey.

You can export your data at any time: everything in your account as JSON from Settings → Your data, and responses as CSV on Pro and Business plans.

Askwise, its software, templates, design and brand belong to Earth Wide Service Limited. We give you a personal, non-exclusive, non-transferable right to use the Service under these Terms. You may use our templates as a starting point for your own surveys. You may not copy, resell or reverse engineer the Service, remove Askwise branding on the Free plan, or use the Service to build a competing product.

If you send us ideas or suggestions, we may use them to improve Askwise without any obligation to you. We will not identify you publicly as their source without your permission.

We work to keep Askwise fast and available, but the Service is provided “as is” and “as available”. It may occasionally be interrupted for maintenance or by events outside our control. We may improve, change or retire features; if a change materially reduces what a paid plan includes, we will tell you in advance. If we discontinue the Service entirely, we will give paid customers at least 30 days’ notice so you can export your data, and refund any prepaid period not used.

You can stop using Askwise and delete your account at any time in Settings. Deleting your account deletes your surveys and responses: they are removed from our live systems within 30 days, and backup copies expire within 35 days.

We may close a survey to respondents, suspend it, or suspend or terminate your account if you breach these Terms or the Acceptable Use Policy, if required by law, or if your use risks harm to respondents, to us or to other users. When a survey appears to be phishing or otherwise dangerous to respondents, we may disable it immediately and tell you afterwards. Otherwise, where reasonable, we will tell you why first and give you a chance to fix the problem. If we terminate a paid account without cause, we will refund the unused part of the current period.

To the extent permitted by law, we are not liable for indirect or consequential loss, including lost profits, revenue, goodwill or data, and our total liability for any claim relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim and US$100.

You are responsible for your surveys and for your use of the data you collect. You agree to indemnify us against claims and losses arising from Your Content, from your breach of these Terms or the Acceptable Use Policy, or from your failure to comply with data protection law towards your respondents.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, such as liability for fraud, or for death or personal injury caused by negligence.

These Terms are governed by the laws of the Hong Kong Special Administrative Region. The courts of Hong Kong have jurisdiction over any dispute arising from them.

If you are a consumer, you keep the protection of the mandatory laws of the country where you live, and you may also bring proceedings in your local courts where those laws allow. Before going to court, please email [email protected]; most problems can be resolved quickly.

We may update these Terms. If a change materially affects you, we will tell you by email or in the product at least 14 days before it takes effect. If you keep using Askwise after that, the new Terms apply; if you don’t agree, you can cancel and delete your account.

• These Terms, with the policies and addendum they refer to, are the whole agreement between you and us about the Service.
• If any part is found unenforceable, the rest stays in effect.
• If we don’t enforce a right straight away, we haven’t waived it.
• You may not transfer your account or these Terms without our consent. We may transfer them to a successor operating Askwise.
• Neither of us is responsible for delays caused by events beyond reasonable control.

Legal questions: [email protected]. Account and billing help: [email protected]. Privacy: [email protected]. Abuse reports: [email protected] or the report form. Post: Earth Wide Service Limited, Room 511, 5/F, Ming Sang Industrial Building, 19-21 Hing Yip Street, Kwun Tong, Hong Kong.