Last updated: June 24, 2026
FlexiSurvey ("the Service") is operated by Spancorp Limited, a company registered in New Zealand ("Spancorp," "FlexiSurvey," "we," "our," or "us"). By accessing or using the Service, you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation. If you disagree with any part of these Terms, you may not access the Service.
In these Terms:
You must be at least 16 years old to create an account. If you use the Service on behalf of an organisation, you must be authorised to act for that organisation and to bind it to these Terms. The Service is intended for business and professional use.
Spancorp Limited grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes, subject to these Terms. You may not:
To access certain features of the Service, you must register for an account. You agree to:
You agree to use the Service lawfully and responsibly. In particular, you must not:
FlexiSurvey offers various subscription plans with different features and pricing. By subscribing, you agree to pay the applicable fees for your selected plan.
Fees are exclusive of taxes unless stated otherwise. You are responsible for any sales, use, value-added, goods and services tax (GST), or similar taxes arising from your purchase, except for taxes based on our net income. Where required, we will add applicable GST or other taxes to your invoice.
We may offer a free trial for a limited period. Unless you cancel before the trial ends, your subscription will begin and the applicable fees will be charged. We may modify or withdraw trial offers at any time.
You may cancel your subscription at any time. Cancellations will take effect at the end of the current billing period. We do not provide refunds for partial months or years, except as required by law.
Email delivery records (recipient, subject, status, timestamp, body) are retained for 90 days then automatically purged. Customers needing longer retention for compliance should contact support.
You retain all rights to the content you create using the Service, including surveys, questions, and responses ("Your Content"). You grant FlexiSurvey a worldwide, royalty-free license to use, store, and process Your Content solely to provide the Service.
You are solely responsible for Your Content and agree that it will not:
While we maintain regular backups, you are responsible for maintaining your own backup copies of Your Content. We are not liable for any loss or corruption of Your Content.
Where we process personal data contained in Your Content on your behalf, you are the data controller and we act as your data processor. We process such data only to provide the Service and in accordance with our Privacy Policy and applicable data protection law. You are responsible for providing any notices and obtaining any consents required from your respondents. A Data Processing Addendum is available to customers who require one.
The Service may integrate with third-party products and services (such as payment processors, email delivery, and workflow integrations). Your use of those services is governed by their own terms and privacy policies, and we are not responsible for their availability, content, or practices.
If you provide us with suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction or obligation to you.
We strive to provide 99.9% uptime but do not guarantee uninterrupted access to the Service. We may modify, suspend, or discontinue any part of the Service at any time with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.
The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure. Where you deal with us as a consumer and applicable law (such as the New Zealand Consumer Guarantees Act 1993) gives you rights that cannot be excluded, nothing in these Terms limits those rights.
The Service and its original content (excluding Your Content), features, and functionality are owned by FlexiSurvey and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
To the maximum extent permitted by law, FlexiSurvey shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
You agree to defend, indemnify, and hold harmless Spancorp Limited and its affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from: (i) your use of the Service; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party.
Each party may receive non-public information from the other in connection with the Service. Each party agrees to protect the other's confidential information with reasonable care and to use it only as needed to perform under these Terms, except where disclosure is required by law.
If you have any concern or dispute about the Service, you agree to first try to resolve it informally by contacting us at legal@spancorp.net before pursuing formal proceedings.
If the parties are unable to resolve a dispute through informal negotiations, the dispute will be referred to and finally resolved by binding arbitration seated in Wellington, New Zealand, in accordance with the Arbitration Act 1996. The arbitration shall be conducted in English by a single arbitrator. Nothing in this section prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction.
To the extent permitted by law, you and Spancorp Limited agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service and cancel your subscription. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, internet or power failures, or actions of third-party providers or governments.
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.
These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. Subject to the arbitration provisions above, you and Spancorp Limited submit to the exclusive jurisdiction of the courts of New Zealand. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
These Terms, together with our Privacy Policy and any order or plan you subscribe to, constitute the entire agreement between you and Spancorp Limited regarding the Service and supersede any prior agreements. No waiver of any term will be deemed a further or continuing waiver of that term or any other term.
We may provide notices to you by email, through the Service, or by posting on our website. You may send notices to us at legal@spancorp.net. Notices are deemed received when sent by email or posted, or when otherwise delivered.
If you have any questions about these Terms, please contact us:
Email: legal@spancorp.net
Phone: +64 4 830 3484
Web: www.spancorp.net
Registered office: Spancorp Limited, Legal Department
Wellington, New Zealand