Terms of Service

These Terms of Service (the “Terms”) are a legally binding agreement between you and BLIT Solutions (“SwiftSurvey”, “we”, “us”, or “our”) governing your access to and use of the SwiftSurveywebsites, applications, and services (collectively, the “Service”).

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

If you use the Service on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” refers to that organisation.

• “Creator” — a registered user who builds, publishes, or distributes surveys through the Service.
• “Respondent” — any person who answers a survey created with the Service.
• “User Content” — surveys, questions, media, logic, themes, and any other material a Creator submits to the Service.
• “Respondent Data”— answers, files, and other information submitted by Respondents to a Creator’s survey.
• “Workspace” — a shared environment within the Service in which one or more users collaborate.

You must be at least eighteen (18) years old, or the age of majority in your jurisdiction, to create an account. By registering, you represent that you meet this requirement.

You are responsible for:

• Providing accurate, current, and complete registration information;
• Maintaining the confidentiality of your login credentials and any two-factor authentication devices;
• All activity that occurs under your account, whether or not authorised by you;
• Notifying us immediately of any suspected unauthorised access to your account.

We are not liable for any loss or damage arising from your failure to safeguard your account credentials.

SwiftSurvey provides tools to create, distribute, and analyse surveys, including conversational survey experiences, offline data collection, response analytics, and related features. Features available to you depend on your subscription plan.

We may modify, add, or discontinue features of the Service at any time. Where a change materially reduces core functionality of a paid plan, we will use reasonable efforts to notify affected customers in advance.

• Paid plans are billed in advance on a recurring basis (monthly or annually, as selected) and renew automatically until cancelled.
• Fees are stated exclusive of taxes unless indicated otherwise. You are responsible for all applicable taxes, levies, or duties.
• You may cancel at any time; cancellation takes effect at the end of the current billing period. Except where required by applicable law, fees already paid are non-refundable.
• If a payment fails, we may downgrade or suspend the affected Workspace after reasonable notice.
• We may change our fees with at least thirty (30) days’ notice; changes apply from your next billing period.
• Usage limits (such as response counts or storage) apply per plan. We may throttle or restrict usage that exceeds your plan’s limits.

You retain all ownership rights in your User Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display, and transmit your User Content solely as necessary to provide, secure, and improve the Service.

You represent and warrant that:

• You own or have all rights necessary to submit your User Content;
• Your User Content does not infringe any third party’s intellectual property, privacy, or other rights;
• Your User Content complies with these Terms and all applicable laws.

We do not pre-screen User Content, but we reserve the right (without obligation) to remove or disable access to any User Content that we reasonably believe violates these Terms or applicable law.

As between you and us, you (the Creator) are the data controller of Respondent Data collected through your surveys, and we act as a data processor on your behalf. You are solely responsible for:

• Determining what data your surveys collect and ensuring you have a lawful basis to collect it;
• Providing Respondents with all legally required notices and obtaining all legally required consents;
• Complying with the Data Protection Act, 2019 (Kenya) and any other data protection laws that apply to your collection and use of Respondent Data;
• Not collecting sensitive personal data (such as health, biometric, or financial account information) unless you have a lawful basis and appropriate safeguards;
• Never using surveys to collect passwords, payment card numbers, national identity numbers, or similar credentials.

We process Respondent Data only to provide the Service to you and as described in our Privacy Policy. You agree to indemnify us against claims arising from your collection or use of Respondent Data (see Section 16).

You must not use the Service to:

• Violate any applicable law or regulation, or encourage others to do so;
• Conduct phishing, impersonate any person or organisation, or misrepresent your affiliation;
• Collect login credentials, payment card data, or government-issued identity numbers;
• Send unsolicited bulk communications (spam) or distribute surveys to persons who have not consented to be contacted where consent is required;
• Upload or distribute malware, or attempt to probe, scan, or breach the security of the Service or its users;
• Harass, defame, threaten, or discriminate against any person, or publish content that is obscene, hateful, or incites violence;
• Infringe the intellectual property or privacy rights of others;
• Access the Service by automated means (scraping, crawling) except through interfaces we expressly provide;
• Resell, sublicense, or white-label the Service without our prior written agreement;
• Interfere with or disrupt the integrity or performance of the Service.

We may investigate suspected violations and may suspend or terminate accounts engaged in prohibited conduct, with or without notice, and may report unlawful activity to relevant authorities.

The Service may include features that use artificial intelligence to generate or suggest survey content, summaries, or insights (“AI Output”). You acknowledge that:

• AI Output is generated automatically and may be inaccurate, incomplete, or biased;
• You are responsible for reviewing AI Output before relying on or publishing it;
• AI Output is provided “as is” without any warranty of accuracy, fitness, or non-infringement;
• We may use third-party providers to deliver AI features, subject to our Privacy Policy.

The Service — including its software, design, trademarks, and documentation — is owned by us or our licensors and is protected by intellectual property laws. Except for the limited right to use the Service in accordance with these Terms, no rights are granted to you. You must not copy, modify, reverse engineer, or create derivative works of the Service except as permitted by law that cannot be contractually excluded.

Feedback you provide about the Service may be used by us without restriction or compensation.

The Service relies on third-party service providers (for example, hosting, storage, email delivery, payment processing, and analytics) and may allow you to connect third-party integrations. We are not responsible for third-party services, and your use of any third-party integration is governed by that third party’s own terms. We do not endorse and are not liable for any third-party content, product, or service.

Our collection and use of personal data is described in our Privacy Policy, which forms part of these Terms.

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service:

• For material or repeated breach of these Terms;
• Where required by law or by order of a competent authority;
• Where your use poses a security risk to the Service or other users;
• For non-payment of fees after reasonable notice;
• On thirty (30) days’ notice for any reason, with a pro-rata refund of prepaid, unused fees where termination is not for breach.

Upon termination, your right to use the Service ceases. We will make your data available for export for a period of thirty (30) days after termination (except in cases of unlawful use), after which we may delete it. Sections 6, 7, and 10 and Sections 14 through 19 survive termination.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DATA WILL NOT BE LOST. YOU ARE RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF DATA THAT IS IMPORTANT TO YOU.

Nothing in these Terms excludes liability that cannot be excluded under the laws of the Republic of Kenya, including liability for fraud.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
• OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD 100);
• NOTWITHSTANDING THE FOREGOING, IF YOU ARE ON AN ENTERPRISE PLAN, OUR TOTAL AGGREGATE LIABILITY WILL IN NO EVENT EXCEED TWO HUNDRED FORTY US DOLLARS (USD 240), REGARDLESS OF THE AMOUNTS PAID BY YOU. THIS CAP APPLIES TO ALL PLANS AND WILL NOT BE ENLARGED BY ANY ORDER FORM, PURCHASE ORDER, OR OTHER DOCUMENT UNLESS EXPRESSLY AGREED BY US IN A SIGNED WRITING;
• WE ARE NOT LIABLE FOR USER CONTENT, RESPONDENT DATA, OR THE CONDUCT OF ANY CREATOR, RESPONDENT, OR THIRD PARTY;
• THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You agree to indemnify, defend, and hold harmless BLIT Solutions, its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your User Content or your surveys;
• Your collection, use, or disclosure of Respondent Data;
• Your breach of these Terms or violation of applicable law;
• Your violation of any third party’s rights.

We will notify you of any such claim and may assume control of the defence at our option. You may not settle any claim in a manner that imposes obligations on us without our prior written consent.

These Terms are governed by the laws of the Republic of Kenya, without regard to conflict of laws principles.

Before commencing formal proceedings, the parties will attempt in good faith to resolve any dispute by negotiation for at least thirty (30) days after written notice of the dispute. Any dispute not resolved by negotiation shall be referred to and finally resolved by arbitration in Nairobi, Kenya, in accordance with the Arbitration Act, 1995 (Kenya), by a single arbitrator appointed by agreement of the parties or, failing agreement, by the Nairobi Centre for International Arbitration. The language of arbitration shall be English.

Nothing in this section prevents either party from seeking urgent injunctive relief from a court of competent jurisdiction, or from bringing a claim in a small claims court where eligible.

We may update these Terms from time to time. For material changes, we will provide at least fourteen (14) days’ notice by email or in-product notification before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Service before they take effect.

• Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the Service and supersede all prior agreements on that subject.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, civil unrest, government action, power or internet failures.
• Notices. We may provide notices by email to the address on your account or through the Service. Notices to us must be sent to info[at]blithost[dot]com.

Questions about these Terms? Contact us at info[at]blithost[dot]com.