Grapevine, owned and operated by Grapevine Analytics Inc., a Canadian corporation (collectively referred to here as "Grapevine"), provides and maintains an Internet Web site (the "Site") with related proprietary software tools and processes to create individualized surveys and polls and obtain survey and poll results, reports, and associated services, including certain optional features that use artificial intelligence (the "Services"), for use by you ("Customer" or "you"). The Services and use of the Site are provided to you under the terms and conditions set forth in these Terms of Use and under any rules or policies otherwise set forth on the Site or published from time to time by Grapevine. The Terms of Use set forth below and any rules or policies otherwise set forth on the Site comprise the entire agreement between Customer and Grapevine and supersede any and all prior agreements or understandings between the parties.
1. Acknowledgment and Acceptance
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE SITE OR ANY OF GRAPEVINE'S PRODUCTS OR SERVICES. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON "SUBMIT", YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF USE, INCLUDING ALL WARRANTIES AND PROMISES BY CUSTOMER. CUSTOMER HEREBY ACKNOWLEDGES AND WARRANTS THAT CUSTOMER IS 18 YEARS OF AGE OR OLDER AND IS LAWFULLY ABLE TO ENTER INTO CONTRACTS. IF YOU ARE AGREEING TO THESE TERMS OF USE FOR AN ENTITY, SUCH AS THE ENTITY YOU WORK FOR, YOU REPRESENT TO GRAPEVINE THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ENTITY.
2. Services Provided
Grapevine provides the basic Services through the Site for Customer's use. Customers purchase an annual or multi-year non-exclusive, non-transferrable, revocable license and are charged based on the number of respondents that are entitled to complete a survey. The Services include Customer's right, after registration and in full compliance with the Terms of Use, to use or create surveys from certain survey templates provided by Grapevine and to distribute the surveys via email, Web intercept, Web site link or other technologies to potential survey respondents. Customers must supply their own email list of survey respondents. Customers may also purchase access to additional Services on a subscription basis. The Services may include optional features that use artificial intelligence, which are described in Section 2a and are subject to these Terms of Use. In exchange for use of the Services and the Site, Customer acknowledges Customer's obligations as set forth in the Terms of Use and agrees to use the Services and the Site in compliance with the Terms of Use.
2a. Artificial Intelligence (AI) Features
As part of the Services, Grapevine offers optional features that use artificial intelligence and machine learning technologies ("AI Features"), which currently include AI-assisted evaluation generation, sentiment analysis of open-text responses, analysis of summarized rating-scale data, and AI-assisted translation. AI Features form part of the "Services" and are subject to these Terms of Use in their entirety, including the disclaimers of warranties in Section 8 and the limitation of liability in Section 9.
Third-party processing and data handling. AI Features are provided using a third-party AI service, currently Microsoft Azure OpenAI Service. Customer content submitted to the AI Features is processed and stored at rest within Canada; limited operational and diagnostic data may be handled outside Canada to maintain service quality and security. Such content is not used to train Grapevine's, Microsoft's, OpenAI's, or any other third party's AI models, and is not made accessible to other customers. Grapevine's use of this service, including applicable data-retention practices, is described further in the Privacy Policy.
Customer-initiated use and human review. The AI Features operate only at Customer's request: Customer chooses when to use an AI Feature, configures the settings for the analysis or task, and may review and modify the resulting output. AI output may be inaccurate, incomplete, biased, or otherwise unreliable, and may not reflect the most current information. AI output is not reviewed by Grapevine. Customer is solely responsible for reviewing, verifying, and validating any AI output before relying on or acting upon it. The AI Features are provided on an "as is" and "as available" basis without warranty of any kind.
Decision-support only. AI output is intended only to assist and inform Customer and does not constitute professional, legal, human-resources, or employment advice. Customer must not use AI output as the sole basis for any decision affecting an individual, including any hiring, promotion, compensation, discipline, termination, or other employment decision. Customer is solely responsible for ensuring that its use of the AI Features complies with all applicable laws, including privacy, human-rights, anti-discrimination, and employment laws, and for maintaining appropriate human oversight of any decision informed by AI output.
Customer inputs and personal information. Customer controls what data is submitted to the AI Features. Customer agrees to minimize the personal information it submits and acknowledges that open-text responses provided by raters or respondents may contain names or other personal information that will be processed by the third-party AI service described above. Customer represents and warrants that it has all rights, permissions, and consents necessary to submit such data for AI processing, and Customer remains the data controller for all personal data it collects and submits, as set out in Section 7.
Translation. AI-assisted translation is provided for convenience only, may contain errors or inaccuracies, and is not a substitute for professional human translation. Customer is responsible for verifying the accuracy and appropriateness of any translated content before use.
Restrictions. Customer agrees not to use the AI Features to generate any content prohibited under Section 10, and not to attempt to reverse engineer, extract, copy, or derive the underlying AI models, training data, or model weights, or to use the AI Features to develop or train a competing model, product, or service.
3. Modification to Services or Terms of Use
Customer acknowledges and agrees that Grapevine may, with or without notice, modify, delete, or amend the Services and/or Site provided hereunder. Further, Customer acknowledges and agrees that Grapevine may further modify, delete or amend the Terms of Use from time to time, including charging a fee or fees for some services. In either event, Grapevine will notify Customer of any modification in fees by email or in a newsletter. If Customer does not accept the modification, deletion or amendment, Grapevine has the right to terminate Customer's account and access to the Services. Any and all use of the Site or the Services by Customer after the Customer has been notified shall be deemed to be acceptance of the modification, deletion or amendment (as well as all other terms and conditions) to the Services, Site or Terms of Use.
4. Payment Terms
Customer agrees to pay all charges to Customer's account, including any applicable taxes, at the rates in effect when the charges are incurred. Grapevine may change the fees and charges then in effect, or add new fees or charges, by giving Customer notice in advance, when the change affects the Customer. Grapevine reserves the right to suspend or terminate Customer's account and access to the Services. Grapevine reserves the right to terminate Customer's account and access to the Services at any time. Customer may also purchase Grapevine products or services from an authorized Channel Partner and arrange terms of payment with that Channel Partner.
5. Registration & Password
Customer is solely responsible for maintaining the confidentiality of Customer's password and account information. Customer shall immediately notify Grapevine of any unauthorized account activity, or any unauthorized use of Customer's email list(s) or any other breach of security known to Customer.
6. Ownership of Data
For the purposes of these Terms of Use, data includes all survey responses, reports, output generated by the AI Features from Customer's data, and any other information input or generated on behalf of the Customer in connection with the Services ("Data"). The Customer owns all right, title and interest in the Data, including AI output generated from Customer's data on Customer's behalf, subject to the rights of Grapevine and its third-party providers in the underlying Services, software, models, and technologies. All Data will be treated by Grapevine as confidential information and will not be utilized by Grapevine for any purpose other than to perform the Services, including the provision of the AI Features as described in Section 2a.
7. Privacy
Grapevine is committed to protecting the privacy and confidential information of the Customers as set out in Grapevine's Privacy Policy which appears on the Site, including with respect to the AI Features and the third-party processing described in Section 2a. You agree to Grapevine using your data as detailed in the Privacy Policy, and you agree to meet your responsibilities as the data controller for personal data you collect.
8. Disclaimer of Warranties
CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICES AND THE SITE IS AT CUSTOMER'S SOLE RISK. THE SERVICES AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT ALLOWED BY LAW, GRAPEVINE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. GRAPEVINE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.
CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT THE AI FEATURES OPERATE AT CUSTOMER'S REQUEST AND UNDER CUSTOMER'S CONFIGURATION, THAT AI OUTPUT MAY BE INACCURATE, INCOMPLETE, BIASED OR UNRELIABLE, AND THAT SUCH OUTPUT IS PROVIDED WITHOUT WARRANTY OF ANY KIND. GRAPEVINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, RELIABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY AI OUTPUT, INCLUDING ANY SENTIMENT ANALYSIS, QUANTITATIVE ANALYSIS, GENERATED EVALUATION CONTENT OR TRANSLATION, AND IS NOT RESPONSIBLE FOR ANY DECISION MADE OR ACTION TAKEN BY CUSTOMER IN RELIANCE ON SUCH OUTPUT, WHETHER OR NOT CUSTOMER HAS MODIFIED THAT OUTPUT.
GRAPEVINE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR INVITATIONS OR REQUESTS TO TAKE SURVEYS OR INVITATIONS TO VIEW SURVEY RESULTS CREATED ON, WITH OR THROUGH THE SERVICES, NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY REQUESTS OR FOR THE RESULTS GENERATED BY SURVEY RESPONSES. GRAPEVINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE REGISTRATION INFORMATION SUPPLIED TO GRAPEVINE NOR THE RESPONSES OR INFORMATION SUPPLIED BY RESPONDENTS TO CUSTOMERS IN RESPONSE TO SURVEYS. GRAPEVINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS NOR DOES GRAPEVINE WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS. GRAPEVINE IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS CREATED ON OR THROUGH THE SERVICES OR THE SITE.
IT IS SOLELY CUSTOMER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS, AI OUTPUT OR OTHER INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE.
GRAPEVINE MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES GRAPEVINE MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICES OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES OR SITE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
GRAPEVINE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE SERVICES OR THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM THE SERVICES OR SITE OR THROUGH THE SERVICES OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER GRAPEVINE NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF CUSTOMER'S ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICES OR ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS OR AI OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF CUSTOMER IS DISSATISFIED WITH THE SERVICES, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICES OR THE SITE, OR WITH ANY OF THE TERMS OF USE, CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND LEAVE THE SITE IMMEDIATELY.
10. Prohibited Usage
Customer agrees not to transmit through the Services or the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content. Customer shall not send any transmission that attempts to hide Customer's identity or represents Customer as someone else. Any attempt by Customer to transmit, publish or distribute material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly forbidden. Customer specifically agrees not to use the Services or the Site to send any materials, including surveys and requests to take surveys, to any persons under 18 years of age unless and until the Customer has taken and follows all necessary action and compliance pursuant to provincial/state and federal laws. Customer agrees not to upload or distribute in any way any files that contain viruses, corrupted files or any similar software or programs that may damage the operation of anyone else's computer, the Services or the Site. Customer agrees not to interfere or disrupt networks connected to the Services and the Site. Any attempt by Customer to gain unauthorized access to any computer system, including accounts, lockers or databases maintained by and for Grapevine, is strictly forbidden. Customer agrees to comply with all applicable laws relating to such conduct. Customer agrees to comply with all laws, rules and regulations regarding transmission of technical data exported from Canada. If Customer engages in any activity set forth in this paragraph or violates any terms or conditions of the Terms of Use, Customer's account will be terminated and use of the Services and Site prohibited. Grapevine will report such conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities.
Customer additionally agrees not to use the AI Features, or any output of the AI Features, to generate, promote or distribute any of the prohibited content described above; not to submit to the AI Features any data that Customer does not have the right or necessary consents to submit; and not to attempt to reverse engineer, extract, copy, or derive the underlying AI models, training data or model weights, or to use the AI Features to develop or train a competing model, product or service.
Customer agrees to comply with all applicable laws, rules, regulations and guidelines regarding privacy, data protection and spam. Spam includes unsolicited mass email or other messages, promotions, advertising or solicitations. You agree not to send any email messages to any person that has opted out or otherwise has objected to receiving messages from you or another sender on whose behalf you may be acting.
If your use of the Services requires you to comply with specific regulation, you are solely responsible for such compliance unless Grapevine agrees otherwise. You may not use the Services in a way that would subject Grapevine to those specific regulations without Grapevine's prior written agreement.
Customer may not make the Services available to, or use the Service for the benefit of, anyone other than the Customer and its users.
11a. Proprietary Rights
Grapevine owns the content including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey templates, surveys, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Services and the Site to the extent such content is provided and/or designed by Grapevine. The AI Features, including any underlying or third-party artificial-intelligence models, software and technologies, are and remain the property of Grapevine or its third-party providers, and no rights in such models, software or technologies are transferred to Customer. All such content is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. Customer is permitted the non-exclusive, non-transferrable, revocable license to use the content of the Services and the Site as authorized herein to create surveys and view survey responses and survey results for Customer's personal use as an end product only, and Customer must at all times maintain Grapevine's copyright symbol on the product in any form or medium. Customer owns its surveys, survey responses, survey results, related survey data, and AI output generated from Customer's data on Customer's behalf ("Customer's Content"), and Customer assumes the entire risk of disclosing Customer's Content to third parties. Modification or use of Grapevine's content in any prohibited way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from the Site without prior express authorization.
11b. Database and Storage of Surveys, Responses and Related Survey Data
Survey results are maintained as long as the Customer's account is active and in good standing. Once the account is no longer active, the results will not be accessible. There are no storage limitations while your account is active. Grapevine may from time to time publish notices regarding the maximum allowable memory space, number of survey respondents, number of surveys or number of survey questions that may be created, saved, sent or used through the Site.
12. Termination
Grapevine shall not be liable to Customer or any third party in any manner for termination of the Services. In the event Customer should become dissatisfied with the Terms of Use or any modifications thereof, or with the Service or the Site, Customer's only recourse is to discontinue use of the Services, terminate its account with Grapevine and give notice of these actions. Upon termination, Customer's right to use the Services and the Site cease immediately and Grapevine shall have no obligation whatsoever to forward any surveys, survey responses, survey results or refunds of subscription fees to the Customer.
13. Indemnification
Customer agrees to defend, indemnify and hold harmless Grapevine, its parent entities, subsidiaries, affiliates, directors, officers, and employees, for any and all claims and demands, including attorney's fees, due to or arising from Customer's use of the Services, surveys, survey responses, survey results, AI output, and any other conduct related in any way to the Services or the Site, including but not limited to the breach of any warranty or provision contained in these Terms of Use.
14. Jurisdiction
These Terms of Use will be governed by the laws of the Province of Ontario and Canada without regard to conflicts of law provisions thereof. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the Province of Ontario, Canada and the courts thereof and Grapevine and the Customer irrevocably consent to personal jurisdiction of such courts and waive all objections thereto.
15. Nature of Agreement
Customer agrees that the registration procedure, account set-up and subsequent activation of the "Submit" button constitute agreement to the Terms of Use. Further, the Terms of Use is the entire and only agreement between the parties and supersedes any prior or other understandings, representations or warranties. Customer agrees that each use of the Services and the Site reaffirms Customer's acknowledgment and agreement to the Terms of Use.
16. General Provisions
The failure by Grapevine to enforce any right or provision under the Terms of Use shall not constitute a waiver of that provision or any other provision of the Terms of Use. If any provision of the Terms of Use shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of the Terms of Use shall remain in full force and effect.
17. Contact
For questions about these Terms of Use, the AI Features, or how your data is handled, please contact dataprotection@grapevinesurveys.com.
Revised June 23, 2026