Terms of Service

1. This agreement

These Terms of Service are a contract between Mr G Education Ltd (trading as "Moodly"), a company registered in England and Wales (company number 14557194, contact info@moodly.education) ("we", "us"), and the organisation that registers for or uses Moodly Surveys ("you", the "Organisation").

By creating an organisation, starting a trial, subscribing, or using the Service, you accept these Terms. If you accept on behalf of an organisation, you confirm you have authority to bind it. If you do not agree, do not use the Service.

The agreement between us consists of: these Terms; the Data Processing Agreement (the "DPA"), which is incorporated into these Terms; the plan you select and its stated price and allowances; and any written order we agree with you. If those documents conflict, the DPA prevails for data protection matters.

2. Definitions

• "Service" — Moodly Surveys: the web portal (including its APIs), the web answering pages, the Moodly Surveys mobile app, and this website.
• "Portal User" — a person your Organisation grants portal access (viewer, editor, admin or owner).
• "Participant" — a person on your Organisation's roster who can be invited to answer surveys, such as a student, employee, volunteer or member.
• "Public Respondent" — a person who answers a survey through a public share link, without a roster record or account.
• "Customer Data" — data submitted to the Service by or for your Organisation: the roster, surveys, survey responses, completion records and organisation settings.
• "Plan" — the free trial or a paid subscription tier, with the participant allowance and monthly public-response allowance stated on our pricing page at the time of purchase.

3. The Service

Moodly Surveys lets organisations author and schedule surveys, invite their people to answer them (in the mobile app, in the browser, or via public links), and view aggregated results, reports and exports. Responses are anonymous by default; a survey can ask for identity only where the author chooses an optional- or required-identity mode, which respondents see clearly before answering.

We improve the Service continually and may add, change or remove features, provided changes do not materially reduce the core functionality you have paid for during a subscription period. We will give reasonable notice of material changes.

Templates and validated instruments

The template library includes questionnaires and, where noted, published research instruments made available under their authors' own licences. Attribution and licence notes shown on a template are part of the instrument's terms — you must keep them intact when you use it. Templates are provided for use within the Service and do not grant rights to republish instruments elsewhere.

AI authoring assistant

Where enabled, editors can draft surveys and schedules with an AI assistant. AI output is a draft: it may be inaccurate or unsuitable, and a human editor must review it before publishing. The assistant only ever creates drafts — publishing remains a deliberate action under your control. We may change or withdraw AI features, and their availability is not a condition of your Plan.

4. Accounts, access and security

• Keep registration details accurate and up to date.
• Sign-in is passwordless (email magic links) or via Google/Microsoft single sign-on. Anyone with control of a Portal User's email inbox or SSO account can sign in as them — your Organisation is responsible for the security of those accounts and for everything done under its Portal Users' access.
• Grant portal access levels (viewer, editor, admin, owner) appropriately. Owners can do everything, including deleting the Organisation — grant owner access sparingly.
• Tell us promptly at info@moodly.education if you suspect unauthorised access.
• You must be at least 13 to use the Service. Participants under 18 use it under the responsibility of the Organisation that added them (for schools, see section 8).

5. Trials, plans and payment

Free trial

New organisations get a 14-day free trial with no payment details required. When the trial ends, your data is untouched and you can still sign in, draft, close surveys and view results — but publishing new or scheduled surveys pauses until you subscribe. We may delete organisations that have remained unsubscribed and inactive long after their trial, and will give at least 30 days' email notice to the organisation's owners before doing so.

Paid plans

• Plans are annual subscriptions billed in advance through our payment provider, Stripe. Prices and tier allowances are those shown on the pricing page (or your written order) when you subscribe.
• Each tier includes a participant allowance (the maximum roster size) and a monthly public-response allowance (submissions through public links). Reaching the participant allowance stops new people being added until you upgrade — existing participants can always keep answering, and publishing is never blocked by the participant cap. Public links stop accepting responses for the rest of the month once the monthly allowance is used.
• You can upgrade at any time; the change takes effect promptly. Downgrades take effect from your next renewal.
• Subscriptions renew automatically at the end of each annual period unless cancelled beforehand through the billing portal. Cancellation takes effect at the end of the current paid period; the period remains paid-for and usable.
• We may change prices with at least 30 days' notice; changes apply from your next renewal, so you can cancel first if you do not accept them.
• Prices exclude VAT, which is added where applicable. Except where these Terms or the law say otherwise, fees are non-refundable.
• If payment fails we will retry and notify you; if it remains unpaid your plan may lapse, which pauses publishing (as with an expired trial) until payment is made.

6. Customer Data

• Your Organisation owns its Customer Data. You grant us the licence needed to host, process, transmit and display it — solely to provide and support the Service, as described in the DPA and our Privacy Policy.
• You are responsible for the lawfulness of Customer Data: for having a lawful basis to add people to your roster, for telling participants how their data is used, and for choosing the appropriate identity mode for each survey.
• Our anonymity commitment: on anonymous surveys (the default), the Service stores responses without name, email or account identifier, enforced at the database layer. In return, you agree not to attempt to defeat that — see section 7.
• We may use aggregated, de-identified usage information (never survey content, never anything identifying a person or an organisation) to operate and improve the Service.
• Export your data at any time using the built-in CSV exports and reports. On termination, section 10 applies.

7. Acceptable use

You must not, and must ensure your Portal Users do not:

• use the Service unlawfully, or to collect data you have no lawful basis to collect;
• attempt to identify the author of an anonymous response — including by crafting questions designed to unmask individuals, cross-referencing completion records, segment filters or timing, or any other means;
• use surveys to harass, discriminate, deceive or harm, or to collect data from children the Service is not designed for;
• share public links in a way designed to flood or game a survey, or submit responses by automated means;
• probe, disable or circumvent security or access controls, resell the Service, or copy a substantial part of the template library outside the Service;
• misrepresent who is running a survey or impersonate another organisation.

If you find a security vulnerability, please tell us at info@moodly.education and give us a reasonable opportunity to fix it before disclosing it publicly. We may suspend access immediately where we reasonably believe this section has been breached or the Service's security or other users are at risk, restoring it once the issue is resolved (see section 10).

8. Wellbeing surveys and safeguarding — important

• Your Organisation remains fully responsible for its safeguarding and duty-of-care obligations, including deciding how and when to review responses and how to act on them.
• Anonymous responses cannot be traced to an individual — by you or by us — even where the content raises concern. If your surveys touch on wellbeing, tell respondents clearly where to get help directly (a safeguarding lead, a manager, a helpline) alongside the survey.
• The Service is not a medical device and survey results are not clinical assessments or diagnoses, including results from validated instruments in the template library.
• Schools and colleges: you are responsible for compliance with your safeguarding framework (for example KCSIE in England) and for deciding whether and how an anonymous survey fits within it.

9. Intellectual property

• We (and our licensors) own the Service — its software, design and content, including the template library. We grant your Organisation a non-exclusive, non-transferable right to use the Service for its internal purposes during your Plan.
• You own your surveys and Customer Data (section 6). Research instruments in the template library remain their authors' — their licences and attribution requirements travel with them.
• If you send us feedback or suggestions, we may use them without obligation — we will never identify your Organisation publicly without permission.
• "Moodly" and the Moodly logo are our trade marks; do not use them without written permission, except to truthfully state that you use the Service.

10. Suspension, termination and deletion

• You can leave at any time. Cancel renewal through the billing portal, and export your data with the built-in tools. An organisation owner can permanently delete the Organisation from Settings — this cancels any subscription and immediately and irreversibly deletes the roster, surveys, responses and completion records. There is no recovery, which is why deletion requires the owner to retype the organisation's name.
• We may suspend access (in whole or part) for serious or persistent breach of these Terms, non-payment, a security risk, or where the law requires — using suspension in preference to termination where reasonable, and telling you why as soon as we reasonably can.
• We may terminate for material breach that is not cured within 30 days of written notice, or if you become insolvent. You may terminate for our material uncured breach on the same basis, in which case we will refund the unused portion of any prepaid fees.
• On termination, we will delete Customer Data in line with the DPA — immediately where you use the deletion tool, otherwise within a reasonable period — except records we must keep by law (for example billing records).
• Sections that by their nature should survive termination (including sections 6, 8, 9, 11, 12 and 13) survive.

11. Warranties and disclaimers

• We warrant that we will provide the Service with reasonable skill and care, and substantially as described.
• We do not promise the Service will be uninterrupted or error-free. We aim for high availability and schedule maintenance sensitively, but no service level agreement applies to self-serve plans.
• The Service depends on third-party providers (hosting, email delivery, payments, AI); we are not responsible for their outages beyond using reasonable endeavours to work around them.
• Survey results depend on who chooses to respond and how honestly. We make no warranty about response rates, representativeness, or the conclusions you draw from results.
• Except as expressly set out in these Terms, all other warranties, conditions and terms implied by law are excluded to the fullest extent permitted.

12. Liability

• Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.
• Subject to that, neither party is liable for loss of profits, revenue, goodwill or anticipated savings, or for indirect or consequential loss, arising from or in connection with these Terms.
• Subject to both of the above, each party's total aggregate liability arising from or in connection with these Terms in any 12-month period is capped at the fees paid or payable by your Organisation for the Service in that period — or £100, if greater, for organisations on a free trial.
• You are responsible for taking regular exports of Customer Data you would want to keep — particularly before deleting surveys, participants or the Organisation, since deletion is irreversible.

13. General

• Changes to these Terms. We may update these Terms; for material changes we will give at least 30 days' notice by email to organisation admins or via the portal. If you do not accept a material change you may cancel before it takes effect and we will refund the unused portion of prepaid fees. Continued use after the effective date is acceptance.
• Notices. We send notices to your organisation admins' email addresses; send notices to us at info@moodly.education.
• Force majeure. Neither party is liable for failure caused by events beyond its reasonable control.
• Assignment. You need our written consent to assign this agreement (not unreasonably withheld); we may assign it as part of a sale or reorganisation of our business, on notice to you.
• Entire agreement. These Terms, the DPA and your order form the entire agreement and supersede prior discussions. Neither party relies on any statement not set out in them (but nothing excludes liability for fraud).
• Severance and waiver. If a provision is unenforceable, the rest stands. Not enforcing a right is not a waiver of it.
• Third parties. No one other than the parties may enforce these Terms.
• Governing law and courts. These Terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction — except that if your organisation is a public body in Scotland or Northern Ireland, we will not object to your home courts.