Terms of Service

Last Updated: 4 December 2025

Welcome to CheckTick. These Terms of Service ("Terms") govern your access to and use of CheckTick's survey platform, website, and services (collectively, the "Service"), operated by Eatyourpeas Ltd. By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using CheckTick, you confirm that:

  • You are at least 18 years old
  • You have the legal capacity to enter into these Terms
  • You will comply with these Terms and all applicable laws
  • All information you provide is accurate and up-to-date

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Account Types and Tiers

CheckTick offers four account tiers:

2.1 FREE Tier

  • Up to 3 surveys
  • Unlimited responses per survey
  • No collaboration features
  • Community support

2.2 PRO Tier

  • Unlimited surveys
  • Unlimited responses
  • Add up to 10 editors per survey
  • Email support
  • Requires paid subscription

2.3 ORGANIZATION Tier

  • All PRO features
  • Unlimited collaborators per survey
  • Viewer role for read-only access
  • Priority email support
  • Team management features
  • Requires paid subscription

2.4 ENTERPRISE Tier

  • All ORGANIZATION features
  • Custom branding and theming
  • SSO/OIDC authentication
  • Dedicated support
  • Custom contract required

Tier features and limits may be adjusted with reasonable notice to users.

3. Account Registration and Security

3.1 Account Creation

  • You must provide accurate, current, and complete information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately of any unauthorized access to your account
  • You may not share your account with others or allow others to access your account

3.2 Encryption Keys

  • Individual Accounts: You are solely responsible for safeguarding your encryption keys. Loss of encryption keys will result in permanent loss of encrypted data. CheckTick cannot recover lost encryption keys for individual accounts.
  • Organization Accounts: Your organization manages encryption keys and may recover them for authorized members.
  • You acknowledge that CheckTick cannot decrypt data without the appropriate encryption keys.

3.3 Account Termination

We reserve the right to suspend or terminate your account if: * You violate these Terms * You engage in fraudulent activity * You abuse the Service or harm other users * Your account remains inactive for an extended period * We are required to do so by law

4. Paid Subscriptions

4.1 Billing

  • Subscriptions are billed monthly or annually in advance
  • Prices are stated in GBP (£) and exclude applicable taxes
  • Payment processing is handled by Paddle, our payment processor
  • You authorize Paddle to charge your chosen payment method
  • All fees are non-refundable except as stated in our Refund Policy

4.2 Subscription Changes

  • You may upgrade or downgrade your subscription at any time
  • Upgrades take effect immediately
  • Downgrades take effect at the end of the current billing period
  • When downgrading, features exceeding the new tier's limits will be restricted

4.3 Cancellation

  • You may cancel your subscription at any time
  • Cancellations take effect at the end of the current billing period
  • You will retain access to paid features until the end of the paid period
  • No refunds are provided for partial billing periods except as stated in our Refund Policy

4.4 Failed Payments

  • If payment fails, we will attempt to collect payment again
  • Your access to paid features may be suspended during payment failures
  • Your account may be downgraded to FREE tier if payment issues persist

5. Use of the Service

5.1 Permitted Use

You may use CheckTick to: * Create and distribute surveys and questionnaires * Collect and analyze survey responses * Collaborate with authorized team members * Export your data

5.2 Prohibited Use

You may not: * Use the Service for any illegal purpose * Collect, process, or store illegal content * Violate any data protection laws (including GDPR, UK DPA 2018) * Upload malicious code, viruses, or malware * Attempt to gain unauthorized access to the Service * Scrape, crawl, or automatically access the Service without permission * Reverse engineer or attempt to extract source code * Use the Service to send spam or unsolicited communications * Impersonate others or misrepresent your affiliation * Interfere with or disrupt the Service * Violate the rights of others

5.3 Healthcare and Sensitive Data

When collecting personal data, health data, or other sensitive information, you must:

  • Obtain appropriate consent from all survey participants before collecting their data
  • Provide clear information to participants about what data you are collecting and why
  • Explain how the data will be used, stored, and who will have access to it
  • Ensure participants understand they can withdraw consent at any time
  • Comply with all applicable healthcare regulations (e.g., NHS data policies, GDPR, Caldicott Principles)
  • Obtain proper ethical approval when required (e.g., NHS Research Ethics Committee approval for patient-identifiable data)
  • Not collect identifiable patient data without appropriate legal basis and approvals
  • Implement appropriate safeguards for sensitive data

Important: CheckTick provides encryption tools, but you remain the data controller and are solely responsible for ensuring lawful and appropriate use of the Service.

6. Data Protection and Your Responsibilities

6.1 Your Role as Data Controller

When you collect survey data, you are the data controller under GDPR and UK data protection laws. This means you are legally responsible for:

  • Lawful Basis: Having a valid legal basis for processing personal data (typically consent, legitimate interest, or public task)
  • Consent Management: Obtaining, documenting, and managing consent from survey participants
  • Privacy Notices: Providing clear privacy information to participants before collecting their data
  • Data Minimization: Only collecting data that is necessary for your stated purpose
  • Purpose Limitation: Not using data for purposes incompatible with what you told participants
  • Accuracy: Ensuring data is accurate and keeping it up to date
  • Security: Protecting data from unauthorized access, loss, or damage
  • Data Subject Rights: Responding to requests from individuals to access, correct, or delete their data
  • Retention: Not keeping data longer than necessary for your stated purpose
  • Breach Notification: Reporting data breaches to relevant authorities and affected individuals when required
  • Data Protection Impact Assessments: Conducting DPIAs when processing high-risk data
  • Accountability: Demonstrating compliance with data protection principles

6.2 Patient and Health Data Requirements

If you are collecting patient data or health-related information:

  • You must obtain informed consent from patients before collecting their data
  • Consent must be freely given, specific, informed, and unambiguous
  • Patients must understand what data you are collecting and why
  • Patients have the right to withdraw consent at any time
  • You must have appropriate safeguards for health data (Article 9 GDPR * special category data)
  • You must comply with NHS Data Security and Protection Toolkit requirements (if applicable)
  • You must follow Caldicott Principles for health and social care data
  • You must have appropriate information governance approvals
  • You must conduct a Data Protection Impact Assessment for high-risk processing
  • You must not share patient data inappropriately or outside your stated purpose
  • You must maintain confidentiality and common law duty of confidence

6.3 CheckTick's Role as Data Processor

CheckTick acts as a data processor for survey data you collect. This means:

  • We process data only on your instructions (as the data controller)
  • We provide appropriate technical and organizational security measures
  • We assist you in responding to data subject rights requests
  • We notify you of any data breaches affecting your survey data
  • We delete or return your data when you request it
  • We do not use your survey data for our own purposes
  • Our Privacy Notice explains how we handle personal data

6.4 Data Governance Requirements

You must:

  • Access Control: Limit access to survey data to authorized personnel only
  • Data Security: Store downloaded data securely with encryption and password protection
  • Audit Trail: Maintain records of who accessed data and when
  • Time Limits: Not retain data longer than necessary (maximum 24 months after survey closure)
  • Secure Deletion: Securely delete data when no longer needed
  • Breach Response: Have a plan to respond to data breaches and report them as required by law
  • Training: Ensure all team members handling data understand their responsibilities
  • Documentation: Maintain records of processing activities and data protection measures

See our Data Governance documentation for detailed guidance on these requirements.

7. Content and Data

6.1 Your Content

  • You retain ownership of all content you create or upload ("Your Content")
  • You grant CheckTick a license to host, store, and process Your Content solely to provide the Service
  • You are responsible for ensuring Your Content does not violate laws or third-party rights
  • You must have all necessary rights, consents, and permissions for Your Content

7.2 Data Retention and Deletion

  • Active survey data is retained while your account is active
  • Survey data is automatically deleted after the retention period expires (default: 6 months, maximum: 24 months)
  • Deleted surveys may be retained in encrypted backups for up to 90 days
  • After account termination, data may be retained as required by law
  • You will receive warnings before automatic deletion (at 1 month, 1 week, and 1 day)
  • See our Data Governance documentation for detailed retention policies

7.3 Data Export

  • You may export your survey data at any time after closing a survey
  • Export formats include CSV and JSON
  • All data exports are logged and audited
  • You are responsible for maintaining backups of your data
  • When you export data, you accept responsibility for its secure storage and handling

7. Intellectual Property

7.1 Eatyourpeas Ltd's Rights

  • CheckTick is owned and operated by Eatyourpeas Ltd, a company registered in England and Wales
  • Eatyourpeas Ltd owns all rights to the Service, including code, design, and trademarks
  • These Terms do not grant you any intellectual property rights except as necessary to use the Service
  • CheckTick is open source software licensed under the GNU Affero General Public License v3.0 (AGPL-3.0)

7.2 Open Source

  • The CheckTick source code is available at https://github.com/eatyourpeas/checktick
  • Self-hosting CheckTick is permitted under the AGPL-3.0 license terms
  • Commercial use of CheckTick must comply with the AGPL-3.0 license

7.3 Feedback

  • We welcome feedback and suggestions about the Service
  • You grant us a perpetual, royalty-free license to use any feedback you provide
  • We have no obligation to implement any feedback

8. API Access

8.1 API Terms

  • API access is subject to these Terms and our API documentation
  • You must authenticate all API requests
  • You must not exceed reasonable rate limits
  • We may throttle or block abusive API usage

8.2 API Changes

  • We may modify the API with reasonable notice
  • Breaking changes will be communicated in advance when possible
  • We are not liable for issues caused by API changes

9. Service Availability

9.1 Uptime

  • We strive to maintain high availability but do not guarantee uninterrupted access
  • The Service may be temporarily unavailable for maintenance
  • We will provide notice of planned maintenance when feasible

9.2 Service Changes

  • We may modify, suspend, or discontinue features at any time
  • We will provide reasonable notice for significant changes
  • We are not liable for any modifications or discontinuations

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
  • WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
  • WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE 12 MONTHS BEFORE THE CLAIM
  • WE ARE NOT LIABLE FOR DATA LOSS, THOUGH WE MAINTAIN REASONABLE BACKUPS
  • YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS
  • YOU ARE RESPONSIBLE FOR COMPLIANCE WITH DATA PROTECTION LAWS AS THE DATA CONTROLLER

12. Indemnification

You agree to indemnify and hold harmless Eatyourpeas Ltd (trading as CheckTick), its operators, and contributors from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Service
  • Your Content
  • Your violation of these Terms
  • Your violation of any law or third-party rights
  • Your failure to obtain appropriate consent from survey participants
  • Your failure to comply with data protection laws
  • Data breaches resulting from your actions or negligence
  • Your misuse of patient or health data

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of England and Wales.

12.2 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12.3 Informal Resolution

We encourage you to contact us first to resolve any disputes informally.

13. General Terms

13.1 Entire Agreement

These Terms, together with our Privacy Notice and Refund Policy, constitute the entire agreement between you and CheckTick.

13.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

13.3 No Waiver

Our failure to enforce any right does not waive that right.

13.4 Assignment

You may not assign these Terms without our consent. We may assign these Terms to a successor or affiliate.

13.5 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control.

14. Changes to Terms

We may update these Terms at any time. We will: * Notify you of material changes via email or Service notification * Update the "Last Updated" date at the top of this page * Give you reasonable time to review changes before they take effect

Continued use of the Service after changes constitutes acceptance of the updated Terms.

15. Contact

For questions about these Terms, please contact us:

  • Email: [email protected] (or your configured support email)
  • GitHub Issues: https://github.com/eatyourpeas/checktick/issues
  • Documentation: https://checktick.com/docs/

By using CheckTick, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including your responsibilities as a data controller and your obligations to obtain appropriate consent from survey participants.

CheckTick is owned and operated by Eatyourpeas Ltd.