Terms & Conditions

1. Scope and Application

1.1 These Terms apply to all Customers who create, publish, manage, or distribute surveys on Wyza and access survey responses, analytics, or reports.

1.2 These Terms operate in conjunction with Wyza's general Terms of Service and Privacy Policy for survey participants.

1.3 Where Wyza processes personal data on behalf of a Customer, Wyza acts as a Data Processor, and the Customer acts as the Data Controller within the meaning of the Nigeria Data Protection Regulation (NDPR) and other applicable data protection laws.

2. Eligibility

2.1 Customers represent and warrant that:

• They are legally registered entities or individuals with legal capacity to contract;
• They have authority to bind their organisation (where applicable);
• Their use of Wyza complies with NDPR, the Kenya Data Protection Act, the Ghana Data Protection Act, and all other applicable laws.

2.2 Wyza reserves the right to refuse, suspend, or terminate any Customer account that fails to meet eligibility or compliance requirements.

3. Description of Services

3.1 Wyza provides a digital survey platform that enables Customers to:

• Create and publish surveys;
• Distribute surveys to eligible participants;
• Collect responses including text, audio, video, WhatsApp-based responses, and files;
• Access survey results, analytics, and reports.

3.2 Wyza does not guarantee:

• A minimum number of responses;
• Response rates;
• Demographic representation;
• Revenue, insights, or commercial outcomes.

4. Customer Obligations

4.1 Customers shall:

• Provide accurate business, billing, and contact information;
• Ensure that all surveys are lawful, ethical, and compliant with applicable data protection laws;
• Establish and document a lawful basis for processing participant personal data (including consent where required);
• Clearly inform participants of:
  • The purpose of the survey;
  • The type of data being collected;
  • How their data will be used and shared;
  • Any AI processing involved;
  • Their rights under applicable data protection laws;
• Ensure that survey questions are proportionate and necessary for the stated purpose.

4.2 Customers shall not:

• Request sensitive personal data (including health, biometric, political, religious, or sexual data) unless expressly permitted by law and approved by Wyza in writing;
• Use surveys to deceive, exploit, discriminate against, or unlawfully profile participants.

4.3 Customers remain solely responsible for the content, purpose, and legality of their surveys.

5. Data Protection Responsibilities

5.1 The Customer is the Data Controller for all participant personal data collected through its surveys.

5.2 Wyza acts as a Data Processor and shall:

• Process personal data only on documented instructions from the Customer;
• Implement appropriate technical and organisational security measures;
• Assist the Customer in responding to data subject requests where required by law.

5.3 Customers shall indemnify Wyza for any breach of data protection obligations arising from Customer instructions, survey design, or failure to obtain valid consent.

6. Data Access and Use

6.1 Wyza will share participant responses only with the Customer responsible for the relevant survey.

6.2 Customers may use survey data solely for the purposes disclosed to participants and shall not:

• Sell participant data;
• Attempt to re-identify anonymised data;
• Use data for unrelated or undisclosed purposes.

7. Fees and Payments

7.1 Survey fees are charged upfront in accordance with Wyza's pricing or an agreed order form.

7.2 Payments are processed via Stripe.

7.3 Fees are non-refundable once a survey is live, except where Wyza agrees otherwise in writing.

Wyza reserves the right to suspend surveys for non-payment or suspected abuse.

8. Intellectual Property

8.1 Wyza retains ownership of the Platform, software, and proprietary tools.

8.2 Customers retain ownership of survey content they create.

8.3 Customers grant Wyza a non-exclusive, royalty-free licence to host, process, analyse, and store survey content solely for service delivery.

9. Suspension and Termination

9.1 Wyza may suspend or terminate Customer access where:

• These Terms are breached;
• Surveys violate applicable laws or policies;
• Fraud, abuse, or misuse is detected.

9.2 Upon termination:

• Surveys may be taken offline;
• Access to data may be restricted subject to legal obligations;
• Outstanding fees remain payable.

10. Limitation of Liability

Wyza shall not be liable for indirect, consequential, or economic losses, including loss of profits or business opportunities. Wyza's total liability shall not exceed the fees paid by the Customer in the twelve (12) months preceding the claim.

11. Indemnity

Customers agree to indemnify and hold Wyza harmless from any claims arising from:

• Survey content;
• Failure to obtain lawful consent;
• Breach of data protection obligations;
• Misuse of participant data.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Federal Republic of Nigeria. Any dispute shall be resolved by arbitration in Nigeria in accordance with applicable arbitration laws.

13. Contact

For customer-related inquiries: 📧 support@wyza.ai