1. Acceptance
By creating an account or using Domandata(“Service”), you agree to these Terms of Service (“Terms”). If you do not agree, do not use the Service. These Terms constitute a legally binding agreement between you and Domandata, LLC (“Domandata”, “we”, “us”, “our”).
2. Eligibility
You must be at least 13 years old and have the legal capacity to enter into a binding agreement to use the Service. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.
3. Your Account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must use a strong, unique password and we strongly recommend enabling multi-factor authentication, which is available in Account Settings. Notify us immediately at support@domandata.net if you suspect unauthorised access to your account.
You must not share your account credentials with others or allow any other person to access your account. You are solely responsible for any activity that occurs through your account, whether or not authorised by you.
4. Acceptable Use
You agree not to use the Service to:
- Collect personal data from survey respondents without their informed consent.
- Violate any applicable law or regulation, including data-protection laws.
- Distribute spam, malware, or deceptive content.
- Attempt to probe, scan, test, or exploit the security of our systems.
- Impersonate any person or organisation.
- Interfere with or disrupt the integrity or performance of the Service.
- Enter passwords, secret keys, API credentials, or other system credentials into survey fields or free-text responses. Survey content is not a secure secrets store.
- Reverse engineer, decompile, or attempt to derive the source code of the Service.
- Resell, sublicense, or otherwise commercialise access to the Service without our written consent.
5. Your Content
You retain ownership of all survey content and response data you create or collect using the Service. You grant us a limited, non-exclusive licence to store, process, and display that content solely to provide the Service to you. We do not access, use, or analyse your survey response data for any purpose other than operating the Service, unless required by law.
You are solely responsible for the legality, accuracy, and appropriateness of the data you collect from respondents, including obtaining any consents required by applicable law.
6. Prohibited Content
Payment card data. You must not use the Service to collect payment card numbers, card verification values (CVV/CVC), expiry dates, PINs, or any other payment card data. Domandata does not hold PCI DSS certification and cannot store or transmit card data safely. This prohibition has no exceptions.
Minors. You must not direct surveys at children under 13, or collect personal data from minors, without the parental consent mechanisms required by applicable law (e.g. COPPA, UK GDPR).
Protected Health Information. Domandata does not implement the technical and administrative safeguards required of a HIPAA Business Associate and does not execute Business Associate Agreements (BAAs). You must not use the Service to store or process Protected Health Information (PHI) where a BAA would be required.
Other sensitive data — your compliance responsibility. The Service may be used to collect educational records, biometric data, and similar sensitive categories. If you do so, you are solely responsible for complying with all applicable laws and regulations, including but not limited to FERPA and equivalent local laws. You must independently determine that your use of the Service is lawful and appropriate for your use case. Domandata will provide documentation of its security controls upon request to assist you in making this determination.
7. Intellectual Property
The Domandata name, logo, and platform software are the intellectual property of Domandata, LLC. Nothing in these Terms transfers any ownership of our intellectual property to you. You may not use our name or logo without our prior written consent.
8. Availability and Changes
We strive to keep the Service available, but we do not guarantee uninterrupted, error-free, or continuous access. We may modify, suspend, or discontinue any part of the Service — temporarily or permanently, in whole or in part — at any time, with or without notice. We will provide reasonable advance notice for material changes where practical, but nothing in these Terms obligates us to do so.
We are a small, self-funded operation and do not carry business liability insurance. To the fullest extent permitted by applicable law, we are not liable for any unavailability, interruption, slowdown, degradation, error, or discontinuation of the Service, or for any resulting loss of survey content, response data, revenue, or business, regardless of the cause or how long it lasts. Section 11 (Limitation of Liability) governs the extent of our liability generally.
9. Force Majeure
We are not responsible for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, natural disaster, fire, flood, war, terrorism, civil unrest, labor dispute, internet or telecommunications failure, power outage, cyberattack, or the failure, outage, or unavailability of third-party infrastructure or service providers we rely on to operate the Service (including our hosting, database, or email providers).
10. Disclaimer of Warranties
The Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free availability. We do not warrant that the Service will be error-free, secure, or that any defects will be corrected. You use the Service at your own risk. No advice or information, whether oral or written, obtained from Domandata or through the Service creates any warranty not expressly stated in these Terms.
11. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Domandata, LLC or its owners, operators, employees, or contractors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, revenue, profits, business opportunity, or goodwill, arising out of or related to: (a) your use of, or inability to use, the Service; (b) any unavailability, interruption, suspension, or discontinuation of the Service, including any resulting loss of survey content or response data; (c) any error, bug, or security vulnerability in the Service; or (d) any unauthorised access to, or alteration of, your data — even if we have been advised of the possibility of such damages and even if a remedy set forth in these Terms fails of its essential purpose.
To the maximum extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or related to these Terms or the Service — whether in contract, tort, or otherwise — shall not exceed the greater of (a) the amounts you actually paid us for the Service in the twelve months preceding the event giving rise to the claim, or (b) one hundred US dollars (USD 100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in this Section is intended to limit any liability that cannot be limited or excluded under applicable law, including liability for our own fraud, gross negligence, or willful misconduct.
12. Indemnification
You agree to defend, indemnify, and hold harmless Domandata and its operators, employees, and contractors from any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your violation of these Terms; (b) your misuse of the Service; (c) data you collect or process through the Service; or (d) your violation of any applicable law or third-party right.
13. Termination
We may suspend or terminate your account if you violate these Terms, engage in conduct that poses a security risk to the platform or other users, or if we are required to do so by law. We will provide notice where practicable.
You may delete your account at any time directly from Settings → Account → Delete account. Account deletion permanently removes your account, all surveys, and all associated response data. If you need assistance, contact support@domandata.net.
Upon termination, your right to use the Service ceases immediately. Sections 5, 7, 10, 11, 12, and 14 survive termination.
14. Governing Law
These Terms, and any dispute arising out of or relating to these Terms or the Service, are governed by the laws of the State of Utah, USA, without regard to its conflict-of-laws principles. You agree that any dispute arising under these Terms shall be brought exclusively in the state or federal courts located in Utah, and you consent to the personal jurisdiction of, and venue in, those courts.
15. Changes to These Terms
We may update these Terms from time to time. When we make material changes we will revise the effective date at the top of this page and, where practical, provide advance notice by email or in-app notification. Continued use of the Service after updated Terms take effect constitutes your acceptance of the revised Terms.
16. Contact
Questions about these Terms? support@domandata.net