Terms of Service

OneSurvey hereby grants you a limited, personal, non-exclusive, non-assignable, non-transferable, non-sublicensable license to use the Services and to publish and share the Content you create.

You shall not duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any such right in the Services. You agree not to alter the Services in any manner, including for the purpose of obtaining unauthorized access. You also agree not to access the Services through any means other than the interface provided by us. If you fail to abide by these conditions, your right to access or use the Services shall be immediately terminated.

For Content that may be covered by Intellectual Property Rights, you grant OneSurvey a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display any IP Content that you publish (the "IP License"). This IP License ends when you delete your IP Content, unless your Content has been shared with others who have not deleted it.

Through the use of our Services, you are provided with an opportunity to publish your Content. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission.

1. You own all of the Content you publish and control whether you want to publish it.
2. You do not transfer ownership of your Content simply by publishing it. However, by publishing, you grant us an irrevocable, royalty-free, perpetual, non-exclusive, worldwide license to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, perform, adapt, modify, and otherwise use your Content for the purpose of operating, developing, providing, promoting, and improving the Services.
3. You agree to indemnify, release, and hold us harmless from any liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you publish.
4. Any information, ideas, suggestions, or other communications you send us will not be held in confidence and are considered nonproprietary.
5. Deleted Content may persist in backup copies for a reasonable period of time but will not be available to others.
6. Publishing means you allow the intended recipient(s) to access and use the Content.
7. You irrevocably waive, to the extent permissible by law, any moral rights you may have in Content you share on the Services.

OneSurvey may establish general practices and limits concerning use of the Services, including the maximum retention period for your Content, maximum disk space, maximum number of accesses per period, and supported publishing formats.

OneSurvey has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You may subscribe or purchase through OneSurvey or via OneSurvey's third-party partners to have your Content published in formats including PDF, JPEG, DXF, CSV, IFC, XLS, PNG, SVG, OBJ, USDZ, XML, or FML. OneSurvey reserves the right to change these practices and limits at any time, in its sole discretion, with or without notice.

Please do not use our website or Services in a way that violates or threatens to violate any laws, infringes anyone's rights, is offensive, or interferes with our website, Services, or any features. OneSurvey, in its sole discretion, may remove, refuse, or move any Content or information you publish. You agree not to:

1. Upload viruses or other malicious code.
2. Publish Content that is hateful, threatening, pornographic, incites violence, or contains nudity, graphic, or gratuitous violence.
3. Use the Services to do anything unlawful, misleading, malicious, or discriminatory.
4. Facilitate or encourage any violations of these Terms.
5. Send unauthorized commercial communications (such as spam).
6. Do anything that could disable, overburden, or impair the Services (such as a denial-of-service attack).
7. Use the Services if you are under eighteen years old.
8. Publish Content or take any action that infringes someone else's rights or violates the law.
9. Manipulate identifiers in order to disguise the origin of any Content transmitted through the Services.
10. Commit any act intended to interfere with the Services, the intent of these Terms, or OneSurvey's business.
11. Export, copy, transfer, modify, translate, or develop derivative code outside of the Services or authorized partners.

If we determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using our Services, and take legal action.

You represent and warrant to OneSurvey that:

1. You have authority to enter into these Terms on your own behalf or on behalf of your organization.
2. You will comply with and fulfill your obligations under these Terms.
3. You will provide true, accurate, current, and complete registration information and keep it updated.
4. You are solely responsible for all costs, expenses, losses, and liabilities incurred in connection with your use of the Services.
5. You will use the Services only for purposes expressly permitted by these Terms and applicable law.
6. Your Content does not violate any third-party copyrights, trademarks, privacy rights, trade secrets, patents, or other IP rights.
7. You are solely responsible for maintaining the confidentiality of your account and all activities under it.
8. You will not assign these Terms or any rights hereunder without OneSurvey's prior consent.

A. Subscriptions

The Services are currently available in a free model with paid functionalities in an automatically renewed subscription form. Subscription levels and pricing can be reviewed at OneSurvey.app/pricing or through the in-app store where you purchased the Services. OneSurvey will charge your selected payment method for any paid subscription, including applicable taxes, at the beginning of your subscription term. Subscription features and prices are subject to change.

B. Cancellation

You may cancel your subscription within seven (7) days prior to your monthly renewal for a month-to-month subscription, or four (4) weeks prior to renewal for an annual subscription. We will continue to maintain a copy of your Contents after termination so you can sign in and view or download them. You may request that we delete your Contents at any time.

C. Refund

For purchases made through our website, refunds are available only within fourteen (14) days of your initial purchase. Refunds are limited to the initial subscription fee paid and do not include upgrades, additional purchases, extensions, or additional users.

We use third-party services on our websites to assist in communicating or interacting with the public, including social media services, widgets, apps, pixels, and plugins. These services may distinguish or trace your identity through, for example, persistent cookies.

OneSurvey has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and privacy policies of any third-party websites you visit.

From time to time, OneSurvey may deliver advertisements or showcase third-party promotions on our Website or via the Services. Any correspondence or business dealings with advertisers are solely between you and the advertiser; OneSurvey shall not be held responsible or liable for any loss or damage incurred as a result of such dealings.

You shall indemnify, defend, and hold harmless OneSurvey and its affiliates, subsidiaries, directors, officers, employees, contractors, and agents from any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of (a) your use of or access to the Services, (b) your breach of these Terms, (c) your breach of any applicable law or regulation, or (d) your negligence, omission, or willful misconduct.

Under no circumstances will OneSurvey be liable for any Content, including errors or omissions, or for any loss or damage incurred as a result of the use of or reliance upon any Content or use of Services. In no event shall the liability of OneSurvey or its licensors for any damages arising out of or in connection with the Service or these Terms exceed the amount actually paid by you in the twelve (12) months preceding the date of the activity giving rise to the claim.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OneSurvey, ITS MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SERVICES.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. In those jurisdictions, OneSurvey's liability will be limited to the greatest extent permitted by law.

You are entirely responsible for all Content you upload, post, email, transmit, or otherwise make available via the Services. OneSurvey does not control the Content posted via the Services and does not guarantee the accuracy, integrity, or quality of such Content.

TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OneSurvey EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The Services and Content made available on the Site are provided "as is" and "as available." We make no representations or warranties of any kind, express or implied. You expressly agree that your use of the Services is at your sole risk. We will not be liable for any damages of any kind arising from the use of information, content, or other materials included on the Site, including direct, indirect, incidental, punitive, and consequential damages, to the extent your state law allows.

If any of the Services requires you to open an account, you must complete the registration process by providing current, complete, and accurate information. You are entirely responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your account. You agree to notify OneSurvey immediately of any unauthorized use of your account or any other breach of security. You may not use anyone else's account at any time.

These Terms shall be governed and interpreted in accordance with the laws of Orange County, California. You expressly agree that exclusive jurisdiction for any claim or dispute with OneSurvey resides in the courts of Orange County, California. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded. No action, regardless of form, arising out of or relating to these Terms may be brought by you more than two (2) years after the cause of action has occurred.

15.1 Notice. OneSurvey may provide you with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on any of the OneSurvey Services. Notice will be deemed given twenty-four hours after email is sent.

15.2 Waiver. The failure of OneSurvey to exercise or enforce any right or provision will not constitute a waiver.

15.3 Dispute Resolution. This Agreement shall be governed by the laws of the State of California. EACH PARTY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY.

Arbitration and Class Action Waiver.

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND OneSurvey IN CONNECTION WITH THIS AGREEMENT, THE PRIVACY POLICY, OR ANY OF THE OneSurvey SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES. THE PLACE OF ARBITRATION SHALL BE ORANGE COUNTY, CALIFORNIA. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF. Neither you nor OneSurvey will participate in a class action or class-wide arbitration for any disputes covered by this agreement.

14-Day Right to Opt-Out. You may opt out of these arbitration provisions by sending written notice to Support@OneSurveyAPP.com within thirty (30) days of your first use of the Services.

Limitation on Time to File Claims. Any cause of action must be commenced within one (1) year after it accrues, or it is permanently barred.

15.4 Force Majeure. Obligations are suspended by events beyond reasonable control, including acts of God, war, fire, flood, pandemics, governmental acts, or labor and materials shortages.

15.5 Severability. If any provision is held unlawful or unenforceable, it will be limited or eliminated to the minimum extent necessary without affecting the validity of remaining provisions.

15.11 Geographic Restrictions. OneSurvey is based in California. If you access the Services from outside the United States, you do so on your own initiative and consent to processing and transferring information in the United States.

These Terms shall be effective as of your first use of the Service. Your rights will terminate immediately and automatically if you fail to comply with any of the terms or otherwise create risk or legal exposure for OneSurvey.

OneSurvey may, in its sole discretion, terminate your account or use of the Services for any reason, including lack of use, breach of these Terms, requests by law enforcement, technical or security issues, or nonpayment of fees. Termination by OneSurvey shall not entitle you to any refund. Sections 2, 5, and 9–21 will survive expiration or termination.

All notices to OneSurvey shall be in writing and sent to: One Company Inc., P.O. Box 12802, Newport Beach, CA 92658; with a copy emailed to legal@OneSurvey.app. Notices will be addressed to the attention of the Legal Department.

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

We love to hear from you. You may provide us with suggestions, comments, and other feedback ("Feedback"), with the understanding that you will not be compensated. You assign all rights, title, and interest in any Feedback you provide. If for any reason such assignment is ineffective, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

OneSurvey reserves the right to update these Terms at any time without notice. Each time you use the Services, the then-current version of the Terms will apply. You can review the most current Terms by clicking the "Terms of Use" link at the bottom of our website. If you do not agree to the new Terms, in whole or in part, please stop using the Website and the Service.

• Content — any information or data made available via the Services, including photos, videos, audio recordings, logos, floor plans, estimates, price lists, customer information, URLs, or comments. Excludes Presentation Code.
• Documentation — all operating instructions and user, installation, set-up, configuration, training, and support manuals.
• Device — the iPhone, iPad, iPod hardware device or any other electronic device running Android on which the OneSurvey Software is installed.
• Device OS Product — an Apple-branded product running iOS, or any other electronic device running Android.
• Intellectual Property Rights — all rights, title, and interest, including copyright, patent, trade secret, trademarks, service marks, database rights, trade names, design rights, and other intellectual property and proprietary rights.
• Presentation Code — code in machine-readable language such as HTML or JavaScript developed or generated by OneSurvey to present Content.
• Publishing / Publish / Publication — the export of Content via OneSurvey Services onto a server owned or controlled by OneSurvey, regardless of format.
• OneSurvey — One Company Inc., a California corporation having its principal address at P.O. Box 12802, Newport Beach, CA 92658.
• OneSurvey Cloud — the software modules, applications, and databases stored and operated on a server by OneSurvey.
• OneSurvey Data — data generated by the OneSurvey Software, including photos, dimensions, room information, and room and floor plans.
• Services — the software products, including updates and documentation, developed by OneSurvey to produce Content.
• Terms of Service / Terms — this agreement.
• Trademarks — OneSurvey, OneSurvey's logo, and any other trademarks or service marks published at OneSurveyAPP.com.
• You / Your — the person(s) or legal entity using the OneSurvey Software or otherwise exercising rights under these Terms.

Any Additional Services shall be provided subject to, and in accordance with, the terms of the Agreement and the following additional terms:

1. Customer shall pay the Additional Services Fees in accordance with the applicable Order Form.
2. The Additional Services will be detailed in a separate statement of work. Customer may terminate a statement of work upon ten (10) days' prior written notice to OneSurvey.
3. OneSurvey shall use commercially reasonable efforts to provide the Additional Services in accordance with the schedule mutually agreed by the parties.
4. All ideas and work product conceived, produced, or developed by OneSurvey in connection with the Additional Services ("Work Product") shall remain the property of OneSurvey.
5. OneSurvey represents and warrants that the Additional Services shall be performed in accordance with industry standards and that the Work Product shall be of good quality and free from material defects.
6. The Additional Services are subject to the warranty disclaimers in Sections 5, 11, and 12 of the Agreement and the limitation of liability provisions of Sections 5, 10, and 11.
7. Nothing in this Agreement creates a joint venture, partnership, franchise, agency, or employer/employee relationship between the parties.
8. In the event of a conflict between these Terms and the Agreement, these Terms shall prevail.