The Tencent Cloud WeSurvey Terms of Service (“WeSurvey Terms”) is a contract between Tencent Cloud International Pte. Ltd. (“Tencent Cloud”) and you, regarding your use of the WeSurvey online survey platform service (the “Service”) as an end user.
In order to use the Service, you should fully read and understand the WeSurvey Terms, especially but not limited to those which relate to the limitations, disclaimers or other provisions affecting your significant rights and interests (such as consequences for breach of contract, jurisdiction over disputes, etc.).
Your acceptance of these WeSurvey Terms by ticking, clicking to confirm or in any other way indicating your acceptance of these WeSurvey Terms, or your access or use of the Service in any way, shall be deemed to mean that you have read and agreed to be bound by these WeSurvey Terms, and these WeSurvey Terms shall be legally binding between you and Tencent Cloud.
The use of the Service shall be subject to these WeSurvey Terms, the Tencent Cloud Terms of Service (https://www.tencentcloud.com/document/product/301/9248) (“TOS”), the Tencent Cloud Acceptable Use Policy (https://www.tencentcloud.com/document/product/301/9245) (“AUP”), and the service rules of the Service (the “Service Rules”). The Service Rules refer to the service terms, rules, instructions, standards, etc. that relate to the content of the Service, service levels, technical specifications, operational documentation, billing standards, etc. of the Service, including but not limited to Data Processing Addendum (https://wesurvey.com/protocol/dpa.html) (“DPSA”), the Privacy Policy (https://wesurvey.com/protocol/privacypolicy.html), and to the extent you separately opt in for the artificial intelligence (“AI”) functionalities of the Service, the WeSurvey AI Service Agreement (https://wesurvey.com/protocol/ai.html) (“WeSurvey AI Agreement”), all of which are made available on the documentation page for the Service (https://wesurvey.com/protocol/) or other relevant pages as updated by Tencent Cloud from time to time. Please read and understand the Service Rules in advance and fully comply with the same in order to enjoy the uninterrupted use of the Service.
These WeSurvey Terms and Service Rules are supplemental to the TOS. Where there is any conflict or inconsistency between these WeSurvey Terms, the Service Rules and the TOS, the following order of precedence (in decreasing order) shall apply:
• the WeSurvey AI Agreement (to the extent applicable);
• these WeSurvey Terms;
• the Service Rules (excluding the WeSurvey AI Agreement);
• Matters not expressly addressed in these WeSurvey Terms shall be governed by the relevant terms and conditions under the Service Rules or the TOS.
Matters not expressly addressed in these WeSurvey Terms shall be governed by the relevant terms and conditions under the Service Rules or the TOS.
1. Service content
1.1 The Service is an online survey management platform which offers a survey creation, response collection and analytics solution, and may include related functions such as survey templates, survey editing tools, flexible survey settings, live statistical summary and cross-analysis, as well as creating, editing, publishing, statistical analysis, answering, and sharing surveys etc, which may be offered and made available from time to time. You must be signed in to your Account (as defined in the TOS) in order to access the Service as an End User (as defined in the TOS), either as an initiator / creator or respondent of surveys.
1.2 When using the Service to create a survey, the survey initiator may be able to:
(a) set login verification requirements for the survey respondent. The survey respondent may also need to sign on to an Account according to the requirements of the survey initiator before answering the corresponding survey; and
(b) choose whether to provide customized rewards for the survey respondent (“Reward Scheme”). Before implementing any Reward Scheme to provide rewards or incentives to the respondents to complete a survey, the survey initiator must comply with the relevant terms in the Service Rules, including but not limited to the "Prize Distribution Disclaimer" (link address: https://wesurvey.com/protocol/choujiang.html), and the survey initiator must clearly inform the respondents of the relevant rules of the Reward Scheme, such as the description, type and quantity of the reward, rules for winning and collecting the reward, validity period of reward scheme, instructions for use and other details of the rewards/prizes. The Service only provides technical support, and Tencent Cloud does not assume any responsibility for any disputes or issues caused by the survey initiator's Reward Scheme, or any related tax or compliance issues in connection with such Reward Scheme that may arise. If you implement a Reward Scheme as a survey initiator, you agree to indemnify and hold Tencent Cloud harmless against any liability, loss or claim arising out of or in connection with such Reward Scheme and use of the relevant features of the Service to implement such Reward Scheme.
1.3 You can access the Service via the format and channel made available from time to time by Tencent Cloud, which may include web pages and embedded pages through desktop computers, mobile phones and other terminals.
1.4Before accessing and/or using the Service as an End User, please ensure that you possess the requisite legal capacity, qualifications and preconditions (if any) for accessing and/or using the Service, and that your access and/or use of the Service complies with the applicable laws and regulations of the jurisdiction where you use the Service or where Tencent Cloud provides the Service to you, and that you shall not breach these WeSurvey Terms, the Service Rules and the TOS.
2.Software License.
2.1 For the purpose of these WeSurvey Terms, the Software (as defined in the TOS) refers to the WeSurvey client software, which is necessary for you to access and use the Service as an End User, and may be provided by Tencent Cloud in different versions for different types of devices or computer terminals (including but not limited to desktop computer, laptop, mobile applications, and Tencent Cloud mini-programs, to be updated from time to time) (“Terminal Device”). You must download the appropriate Software version for your Terminal Device and operating system to access and use the Service. Tencent Cloud is not responsible for any non-availability or total or partial loss of functionality of the Service, or any risks and losses, arising from or in connection with your failure to correctly install the appropriate Software version.
2.2 Subject to your compliance with the terms and conditions of these WeSurvey Terms, Tencent Cloud grants you as the End User a limited, non-exclusive, non-transferrable, non-sublicensable, revocable license: (i) to install, use, display, run and execute the Software (including any Updates as defined in the TOS) on your Terminal Device only during the Term (as defined in the TOS), for using the Service solely for your personal and/or Internal Use, and in accordance with any other usage limitations communicated in any way to you by Tencent Cloud; and (ii) to copy the Software (including any Updates as defined in the TOS) in a computer-readable form as reasonably necessary to exercise the license rights granted in subsection (i), including but not limited to making a back-up copy with all of the copyright information contained in the original Software. In these WeSurvey Terms, “Internal Use” means utilization of Software solely for End User’s internal business purposes by the End User’s employees and not for any commercial purpose of sublicensing, reselling or distributing.
2.3 All other rights not explicitly authorized in this section 2 or other sections of these WeSurvey Terms, the TOS or the Service Rules, are expressly reserved by Tencent Cloud.
2.4 Third Party Software
(a) You are solely responsible for any third party software (including any open source software) or service you use, in conjunction, combination or otherwise in connection with your use of the Service or Software ("Third Party Software").
(b)You must ensure that your use of the Software does not require any of the following, pursuant to the terms of such Third Party Software: (i) disclosure or distribution of any Software in source code form; or (ii) licensing of any Software for the purpose of making derivative works; or (iii) redistribution of the Software at no charge. For the avoidance of doubt, you must not combine the Software with any software licensed under any version of or derivative of the GNU General Public License or Affero General Public License (collectively “Copyleft Licenses”) in any manner that could cause, or could be interpreted or asserted to cause, the Software or any modifications to the Software to become subject to the terms of any Copyleft Licenses.
(c)To the extent the Service or the Software has incorporated or distributed any open source software or products, the relevant open source agreements, the relevant open source software copyright statement and other relevant information can be found here: https://wesurvey.com/attributions.txt . The aforementioned relevant agreements or other documents displayed are an integral part of these WeSurvey Terms. You must comply with these agreements to the extent applicable to your use of the Service or the Software.
(d)Tencent Cloud is not responsible for and is not liable for any damages or losses arising from the use of the Third Party Software and Tencent Cloud does not endorse, support or guarantee the quality, reliability or suitability of any Third Party Software. User shall comply with any terms and conditions applicable to Third Party Software. Tencent Cloud does not provide any technical support for any Third Party Software. You should contact the relevant third party supplying such Third Party Software for technical support.
3.Permitted Use and Restrictions.
3.1 You must comply with these WeSurvey Terms, the Service Rules, the TOS and relevant laws and regulations when using the Service or Software and when engaging in all acts related to the Service or Software (including but not limited to accessing, browsing, utilising, reproducing, promoting and publicising), and you shall act in good faith and in a prudent manner when using the Service or Software.
3.2 You shall not use the Service or Software for or to do any of the following, or cause or result in any such effect:
(a) use the Service or Software in or for any [external] revenue-generating or commercial application or purpose without Tencent Cloud’s prior written consent;
(b) use the Service or Software in high-risk scenarios, such as for the operation of nuclear facilities, air traffic control, life support systems or autonomous systems, where the use or failure of the Service or Software could lead to death, personal injury, or environmental damage, unless with Tencent Cloud’s prior written consent;
(c) without Tencent Cloud’s consent, use the Service in connection with medical, healthcare, educational or electoral applications or systems, including but not limited to:
(d) create, upload, copy, publish, transmit, disseminate or reproduce any content that is illegal or prohibited under applicable laws and regulations, including but not limited to content that (i) violates applicable laws and regulations, or which is obscene, explicit, indecent, profane, vulgar, offensive or otherwise inappropriate for public display, (ii) constitutes or promotes gambling or lottery activities; (iii) contains material considered an offence against national security or terrorism; (iv) constitutes unauthorized broadcasting services (e.g., television, radio, or cinematographic services via frequency, cable, optical, electromagnetic or similar systems); or (v) is otherwise considered illegal, harmful, or inappropriate;
(e) engage in illegal or criminal activities, nor shall you assist or facilitate the illegal or criminal activities of others;
(f) engage in any activities in connection with the use of the Services that would violate Trade Laws (as defined in the TOS) or that would risk placing Tencent Cloud in breach of any Trade Laws;
(g) cause any harm (e.g. financial harm, harm to the physical and mental health, discrimination, reputational harm, and other adverse effects on rights and freedoms) to other End Users or individuals, or any damage or infringement to the portrait right, Personal Data (as adopted in the TOS), and intellectual property rights of others; or
(h) jeopardise the stability of the Service or Tencent Cloud's operations and security, or infringe upon the legitimate rights and interests of others.
3.3 When using the Service or Software, you should not use or attempt to use technical measures or other means to do any of the following:
(a) disassemble, decompile, translate or otherwise attempt to discover the source code or underlying components of the models, algorithms and systems of the Service or Software, create a mirror image of the Service or Software, or use any technological means to reproduce or duplicate the Service or Software and the programs, software, information, data, algorithms, models upon which the Service or Software is based, except to the extent permitted by applicable laws and regulations;
(b) extract data or output from the Service or Software by any automated or programmed method, including scraping, collecting or extracting data.
(c) without the prior written consent of Tencent Cloud, make available to third parties the Service or Software by any means, such as leasing, lending, selling, distributing, reselling or transferring;
(d) store or transmit Malicious Code. In these WeSurvey Terms, “Malicious Code” means code, files, scripts, agents or programs intended to do harm, including viruses, worms, time bombs and Trojan horses;
(e) modify, change, alter, add to, delete, or otherwise interfere with the Software, the Service or any of their components, parts, functions, modules, or data; or
(f) other behaviours that may harm or damage Tencent Cloud, the Service or Software.
3.4 Please be aware that Tencent Cloud has the right to take appropriate measures to verify and check whether you have fulfilled the corresponding obligations and the use restrictions set forth in these WeSurvey Terms, and you shall provide the necessary assistance and cooperation in such verification and checking. Whether or not Tencent Cloud has taken verification and checking measures, and the conclusions of such verification and checking, shall not affect your obligations and liabilities. If Tencent Cloud discovers that you have violated these WeSurvey Terms or engaged in unlawful or criminal activities using the Service, Tencent Cloud shall have the right to take, without notice and based on its own reasonable judgement, remedial measures such as issuing warnings, restriction of functions, suspension or termination of the Service, blocking of Accounts, deletion of relevant content, keeping relevant records and reporting to the relevant competent authorities. You shall be solely responsible for any legal liabilities or any claims, demands or losses asserted by a third party resulting therefrom or arising therefrom; and you shall also indemnify Tencent Cloud for any losses incurred by Tencent Cloud as a result thereof.
4.Fees and Payment.
4.1 Your access and use of any “trial” or “free” version of the Service and Software are free-of-charge.
4.2 However, in relation to your access and use of the subscription version of the Service and Software with additional or optional functionalities, you may, from time to time, be required to make payments to us (“Fees”). Except as otherwise expressly provided, all Fees are non-refundable and exclusive of any Taxes. You agree that you are solely responsible for payment of all Fees and Taxes associated with any such payments. All payments made by you shall be made free and clear of and without deduction for any tax, set-off, withholding or counterclaim. To the extent that you are required by applicable law to make such a deduction or withholding of tax, you shall provide us with an official tax receipt or other appropriate supporting documentation within 30 days after payment of the deduction or withholding tax and increase the amount paid to us to the extent necessary to ensure that we receive a sum equal to the amount we would have received had no such deduction or withholding been made. “Taxes” means any duties, customs fees, or taxes (other than Tencent Cloud’s income tax) associated with the purchase of the Services, including any related penalties, interest or other additions thereto.
4.3 At the time you create an Account or otherwise sign up for the Services, you may be asked to provide a credit card, and thereafter may be able to link alternative means of payment to your Account (each a “Payment Method”). You agree that (subject to applicable laws and regulations):
(a) you authorize us to: (1) save your chosen Payment Method's information (e.g., credit card information) on our systems or that of our payment processor; and (2) periodically bill your chosen Payment Method for Services consumed during the prior month or pursuant to an alternative payment structure we agree to; and
(b) if any payment made via your chosen Payment Method is rejected, denied, not received by us or returned unpaid for any reason: (1) we may restrict, suspend or terminate your or your End User’s access to the Services (in each case in whole or in part) until your payment is properly processed; (2) charges will continue to be incurred and you are liable to us for any Fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may charge you for such amounts); and (3) we may charge late fees up to the maximum amount permissible under law. We will present you with an invoice on or about the second day of a given month for Services consumed during the prior month and will charge your Payment Method at the time we issue your invoice.
4.4Your card issuer may charge you an online handling fee or processing fee in connection with your payment of Fees. We are not responsible for this fee.
4.5To the extent permitted under applicable laws and regulations, Tencent Cloud may increase or introduce new Fees and charges for the existing Service (even if it is currently provided to you free-of-charge) at any time after prior notice. Any new or changed charges will apply to the Services as of the date specified in the relevant notice, or if no such date is specified then with immediate effect.
4.6If you and Tencent Cloud agree to other payment terms or Payment Methods in writing (including email), then those alternative provisions shall apply in the event of a conflict with this Section.
4.7You shall provide such assistance, including any information, as is required by Tencent Cloud in order to determine and validate the extent to which Tencent Cloud is legally obliged to collect Taxes from you.
5.Service level
5.1 The Service does not guarantee any particular level of QPS (number of requests per second) or concurrency, availability equivalent to that of the full version of the paid service, and other Service commitments to the extent the Service is provided free-of-charge.
6.User data
6.1 You shall ensure the legal compliance of User Data (as defined in the TOS), and you will not submit or process User Data through the Service in violation of any applicable law, infringement of rights, or in breach of your contractual agreements with third parties, and you will not use User Data for unlawful or illegal purposes.
6.2 Any survey contents, questions, answers and responses and information regarding Reward Schemes (if any) submitted by End Users to and subsequently made available by the Service constitute User Data. You understand and agree that such User Data are produced, provided and issued by End Users as survey initiator, creator, publisher or respondent, and that End Users who create, publish, respond to or share surveys via the Service only represent the their own positions and views, and do not represent Tencent Cloud's position or views. Tencent Cloud is not responsible and disclaims any liability for the accuracy, correctness, completeness, authenticity or legality of such User Data.
6.3 You are responsible for any content you upload, publish, submit, share or otherwise provide to the Service as User Data. You shall bear any risk and responsibility for creating, publishing or answering any survey via the Service, and shall indemnify and hold Tencent Cloud harmless against any liability, loss or claim arising out of or in connection with such User Data. In addition, in the event any User Data is found to be in contravention with any applicable laws, these WeSurvey Terms, the TOS or any Service Rules, Tencent Cloud shall have the right to take down, delete or erase such User Data from the Service.
6.4 You warrant and represent that you are the controller of your User Data, and that you have the right to use the Service to upload, analyse, delete, change and conduct other processing of your User Data on your own without violating the relevant data protection laws and regulations (subject to the contents of the Service you use). You acknowledge that deletion and other irreversible change of such User Data may give rise to risks of the original User Data being unrecoverable, and that you should exercise caution and bear the consequences arising from such operations. Tencent Cloud shall not be responsible for the recovery of such User Data. For the safety and integrity of User Data, you should back up your data according to your own needs.
6.5 You shall solely bear all the consequences and liabilities caused by any violation of applicable laws and regulations in connection with the generation, collection, processing and use of your User Data, and if there is any such violation, Tencent Cloud shall have the right to terminate, in whole or in part, the provision of the Service to you at any time. You shall be solely responsible for all losses suffered or liabilities and expenses incurred by you as a result.
7.Intellectual property rights
7.1 “Intellectual Property Rights” has the meaning as defined under the TOS. The Intellectual Property Rights of any information, materials, designs, technologies, programmes, codes, etc., provided by one party to the other party in connection with the Service, belong to the provider or its legal right holders, and, unless expressly agreed to by the provider or its legal right holders, the other party has no right to reproduce, transmit, transfer, distribute, display, sell, licence or make available for use by others.
7.2 The trademarks, copyrights or other Intellectual Property Rights of each party shall remain the sole property of such party and shall not be transferred to the other party or to the parties as a result of the signing of or performance under these WeSurvey Terms.
7.3 Tencent Cloud (or its licensor) is the owner of the rights to the Service, the Software, and all procedures, software, information, data, algorithms, models and other content with Intellectual Property Rights on which the Service relies (except for those belonging to third parties in accordance with the law), and you only have the right to use Tencent Cloud's relevant Intellectual Property Rights and interests in accordance with these WeSurvey Terms, Service Rules and the TOS, and shall not in any way harm the rights and interests of Tencent Cloud's relevant Intellectual Property Rights and interests. Except for the express consent of Tencent Cloud, you shall not have the right to reproduce, disseminate, transfer, license or provide others with the use of the above information, technology, software, services, etc. and their related Intellectual Property Rights.
7.4 When you use the Service to create surveys as a survey initiator, you have the right to decide on the form and content of the survey, whether to publish the survey and the scope of publication. As the creator of the surveys you initiate and create, you own the Intellectual Property Rights to such surveys and the full rights and title to such surveys as well as related results and analysis. Tencent Cloud will not disclose or share this information related to your surveys without your consent.
7.5 In addition to your grant to Tencent Cloud and its Affiliates (as defined in the TOS) of the license to use User Data to provide the Service under the TOS, you also agree to grant Tencent Cloud the right to take evidence of, and file lawsuits against, third party infringement of User Data on your behalf.
7.6 If any third party files a lawsuit or claims against Tencent Cloud alleging that User Data infringes its intellectual property rights and other legitimate rights and interests, you shall indemnify Tencent Cloud for its losses (including but not limited to economic losses) and hold Tencent Cloud harmless from liability.
7.7 The Service may contain third party source code or software under certain circumstances. You understand and agree that such third party source code or software may be subject to other terms and conditions or agreements, and you shall comply with such terms and conditions or agreements for the use or secondary development (if any) of such third party source code or software.
7.8 If you use the Service (including the third party open source code or software) in breach of these WeSurvey Terms, the Service Rules or the TOS, resulting in a dispute over the rights or infringement of any third party's legitimate rights and interests when publishing or using the Service, you shall indemnify and hold harmless Tencent Cloud for any losses from such third party claims, and Tencent Cloud shall have the right to discontinue the provision of the Service upon the discovery of such breach.
7.9 You acknowledge and agree that Tencent Cloud may collect, maintain, process and use diagnostic, technical, usage, and other relevant information in relation to the Service and Software which has been anonymized (“Anonymized Technical Data”). Anonymized Technical Data may include User Data, including but not limited to collecting system logs, software execution logs, and unique system or hardware identifiers. You hereby grant to Tencent Cloud and its Affiliates a world-wide, non-exclusive, irrevocable, sublicensable, royalty-free and perpetual license to:
(a) access, host, copy, modify, use, transmit, distribute and display the Anonymized Technical Data:
(i)for Tencent Cloud to operate and provide the Services and perform its other obligations under these WeSurvey Terms;
(ii) to comply with applicable laws or regulations or any court orders, lawful government or law enforcement requests, or other legal processes; and
(iii) such other purposes as may be agreed between the parties in writing from time to time;
(c) host, copy, use, transmit, and display the statistical, analytical, technical and/or behavioural use data or other Anonymized Technical Data collected or generated by Tencent Cloud from your usage of the Services as contemplated under these WeSurvey Terms for the purposes of monitoring the availability, performance and functionality of the Services, undertaking analytics of the use of the Services, and improving the Software and Services (including but not limited to performance and user experience).
8.Limitation and Exclusion of Liability
8.1 To the maximum extent permitted by applicable law, Tencent Cloud does not make any warranty as to the non-infringement, legitimacy, truthfulness, accuracy, completeness, timeliness, functionality, practicability and applicability to specific purposes of the Service, nor does Tencent Cloud guarantee that the Service will be free of defects. The disclaimer of warranties under Section 10 of the TOS is expressly repeated here and incorporated by reference to these WeSurvey Terms, mutatis mutandis, specifically in relation to the Service.
8.2 Subject to applicable laws and regulations, the limitation of liability and indemnification provisions in Section 11 of the TOS are expressly repeated here and incorporated by reference to these WeSurvey Terms, mutatis mutandis.
9.Service Data Retention
9.1 You understand and agree that Tencent Cloud will use commercially reasonable efforts to store and secure the data related to or arising from your usage of the Service and/or Software, including but not limited any User Data ("Service Data"), but Tencent Cloud does not provide any guarantees, warranties, conditions as to the security or retention of Service Data, including but not limited to the following scenarios:
(a) Tencent Cloud will reasonable efforts to store and use your Service Data in accordance with industry standards and best practices. Tencent will not bear corresponding responsibility for the deletion or storage failure of relevant data for data risks that cannot be controlled after reasonable and best efforts in this service;
(b) Tencent Cloud reserves the right to determine the maximum storage period or storage space of a single End User's Service Data at its sole discretion, based on the principle of data minimalism and other considerations Tencent Cloud solely determines to be relevant, and allocate the maximum data storage space for each End User on its servers; and
(c) If you stop using the Service, or these WeSurvey Terms, the TOS or the Service is terminated, Tencent Cloud reserves the right to permanently delete your Service Data from its servers. After the Service is terminated or cancelled, Tencent has no obligation to return any Service Data to you.
10.Others
10.1 The term and termination and suspension provisions in Section 9 of the TOS are expressly repeated here and incorporated by reference to these WeSurvey Terms, mutatis mutandis.
10.2 The trade compliance provisions in Section 12 of the TOS and the general provisions in Section 13 of the TOS are expressly repeated here and incorporated by reference to these WeSurvey Terms, mutatis mutandis.
10.3 These WeSurvey Terms were last updated on 9 May 2025. Tencent Cloud has the right to make modifications to the contents of these WeSurvey Terms in accordance with changes in applicable laws or regulations, technological advances, and changes in Service features, and Tencent Cloud will give you reasonable notice of such modifications, and you may also review the latest version of these WeSurvey Terms on the documentation page for the Service (https://wesurvey.com/protocol). If you do not agree with the modifications made by Tencent Cloud to the WeSurvey Terms, you have the right to stop using the Service and notify Tencent Cloud in writing.