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XM Discover Product Terms of Service

These XM Discover Product Terms of Service (“Product Terms”), together with, as applicable, the Qualtrics Terms of Service located at https://www.qualtrics.com/terms-of-service/ or the master services agreement between Qualtrics, LLC (“Qualtrics”) and you (“Customer”), govern any order form, statement of work or service order between Qualtrics and Customer (“Order Form”) to the extent related to the purchase of XM Discover products. All capitalized terms not defined herein will have the meanings set forth at https://www.qualtrics.com/terms-of-service/. Modifications to these terms. Qualtrics may modify these product terms at any time by posting a revised version on this website (https://www.qualtrics.com/xmdiscover-terms/) or otherwise providing notice to Customer. By continuing to use the Cloud Service after the effective date of any modifications to these product terms, Customer agrees to be bound by the modified terms.

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1. DEFINITIONS
  1. “Authorized Sources” are the third-party websites or other online sources to the extent identified in an Order Form, from which content may be retrieved by Customer or at Customer’s direction using the automated tools within the Subscription Services. If no such sources are specifically identified, then subject to the obligations and restrictions set forth in Section 3 this agreement and applicable laws any sources shall be deemed authorized.
  2. “Designer” means the application provides tools for power users to build category models, tune sentiment, and make other associated adjustments to the Qualtrics Discover engines.
  3. “Feedback Record” means an unstructured set of data (data that lacks organization or precision, or data for which its relationship to other data is difficult to ascertain or categorize), in each case no greater than 2,048 characters in length (with longer records being counted in whole numbers as two or more Feedback Records, as applicable based on the number of total full or partial multiples of 2,048), which data set has been generated from Authorized Sources and is sent to or received by the Cloud Services for processing and transformation. Null sets of data (such as a survey non-response to an open text field) and structured sets of data of 10 characters or less (such as Y/N True/False or rating responses in a survey) are counted as one quarter (25%) of a Feedback Record rather than a whole record. Chat and analogous multi-threaded, two-way communications occurring over the course of a single calendar day are counted as two Feedback Records (one for each side of the multi-threaded communication), so long as each side of the communication does not exceed 2,048 characters, with each side of longer records or records spanning more than one calendar day being counted in whole numbers as two or more records, as applicable.
  4. “Historical Feedback Records” means any Feedback Record that originated prior to the Effective Date (as defined in the Order Form) (e.g., a survey response that was generated by a client of Customer prior to the Effective Date would be a Historical Feedback Record).
  5. “Inbox” means the application tool that allows for users to manage feedback cases, respond directly to internal or external parties, automate processes, and explore related data.
  6. “Maximum Feedback Records” shall mean, with respect to any particular Order Form, (i) the maximum number of Feedback Records that may be processed annually using the Cloud Services during the Subscription Term applicable to that Order Form, and (ii) the maximum number of Feedback Records that may be stored in the Cloud Services at any particular time during such Subscription Term.
  7. “Qualtrics Quality Management” of an individual Feedback Record means the calculation and enrichment of a numeric value that is derived from the application of a rubric. Rubrics, as scoring guidelines, enable users to enrich individual Feedback Records according to specific business rules and classification of the structured, unstructured, and enriched data elements that characterize that specific individual Feedback Record.
  8. “Quick Translate” means the functionality capable of translating segments of Feedback Records in Document Explorer for both conversational and non-conversational documents, as well as on dashboards and widgets created within Studio.
  9. “Studio” means the application provides a data, reporting, alerting, and administrative platform for users of all levels to explore insights in their data.
  10. “Third Party Content” means all data, social media content, posts, blogs, surveys, ratings, reviews, feedback or any other information collected or otherwise obtained from any website by Customer using the automated tools within the Cloud Services, including without limitation, Facebook, Twitter and LinkedIn.
2. PRODUCT DESCRIPTION AND TERMS
  1. XM Discover (For the purposes of these terms, XM Discover is the “Cloud Service”) The Maximum Feedback Record capacity purchased for the Cloud Services is specified in the applicable Order Form, which permits (i) the loading for processing of Feedback Records during each annual Subscription Term (or the ratable portion of the number of Maximum Feedback Records purchased for terms of less than one year), provided that no more than 1/6th of the annual Maximum Feedback Records may be loaded in any one (1) month of an annual Subscription Term (the “Loading Limits”), (ii) storage in the Cloud Services of up to the number of Feedback Records purchased (the “Storage Limit”).

    Application of the Loading Limits and Storage Limit:
    New Feedback Records loaded to the Cloud Services count toward both the Loading Limits and Storage Limit. Customer may not exceed the annual Loading Limits or Storage Limit in any annual Subscription Term. Once the Loading Limit is reached during an annual Subscription Term, Customer will not be permitted to load additional Feedback Records during the remainder of such annual Subscription Term without purchasing additional Feedback Record capacity. Once the Storage Limit is reached (because Feedback Records totaling the Maximum Feedback Records have been loaded to the Cloud Services during the current or previous annual Subscription Terms), Feedback Records will thereafter automatically begin to be deleted from the Cloud Services starting with the oldest records first (measured by the date such record was generated, not the date that it was loaded to the Cloud Services) so that the number of Feedback Records stored in the Platform at any one time does not exceed the Storage Limit. Feedback Records in excess of the Storage Limit will not be stored by Qualtrics unless Customer purchases additional Feedback Record capacity.

    New Customer Commencement Historical Data Load – Non-recurring:
    In addition to the foregoing, a first time Qualtrics Customer may load Historical Feedback Records up to the Maximum Feedback Records purchased at the commencement of the first year of its initial Subscription Term. Unlike new Feedback Records, such Historical Feedback Records will not be counted toward the annual or monthly Loading Limits, but they will be counted toward the Storage Limit.

    For the purposes of illustration of how the Loading Limits and Storage Limit would be applied, if a first time Qualtrics Customer purchases the Cloud Services with an annual Maximum Feedback Record capacity of 1,000,000, such Customer may load up to 1,000,000 Historical Feedback Records at the commencement of its initial Subscription Term, and such Historical Feedback Records would not count toward the annual or monthly Loading Limits, but they would count toward the Storage Limit, such that the oldest of those Historical Feedback Records would be deleted as each new Feedback Record (up to the 1,000,000 Feedback Record Loading Limit) is loaded over the course of such initial year of the initial SubscriptionTerm. Following the initial year of a multi-year initial Subscription Term, Customer may continue to load up to 1,000,000 Feedback Records annually (per the Loading Limit), and Feedback Records will continue to be automatically deleted (per the Storage Limit) from the Cloud Services with the oldest records being deleted first (measured by the date such record was generated, not the date that it was loaded into the Cloud Services) so that the number of Feedback Records stored in the Cloud Services bat any one time does not exceed the Storage Limit.

    Included XM Discover Training Unlimited seats for participants in public, virtual training sessions. Registration can be accessed via the Qualtrics public website. Courses subject to availability. Subscription also provides access to standard training materials in non-editable pdf format.

  2. Configuration Analyst: Annual subscription for up to ten (10) named end-users to have web access to full featured Designer applications. Each Configuration Analyst may utilize Quick Translate up to 1,950,000 characters per year.
  3. Activation Lead: Annual Subscription for up to two hundred (200) named end-users to have web access to Studio and Inbox applications with access to an unlimited number of cases. Activation Lead users can create, edit, and share Studio dashboards, use collaboration features, receive notifications, as well as receive, assign, rebut and resolve cases and track case resolution performance. Each Activation lead may utilize Quick Translate up to 1,950,000 characters per year. Activation Lead users have access to the Studio and Inbox interfaces during the Subscription Term.
  4. Report Creator: Annual subscription for up to five hundred (500) named end-users to have web access to Studio applications. Report Creator users can create, edit, and share Studio dashboards, use collaboration features, and receive notifications. Each Report Creator may utilize Quick Translate up to 1,950,000 characters per year. Report Creator users only have access to the Studio interface during the Subscription Term.
  5. Report Consumer: Annual subscription for up to one thousand (1,000) named end-users to have web access to Studio applications. Report Consumer users can view Studio dashboards and/or be dashboard subscription recipients. Each Report Consumer may utilize Quick Translate up to 1,950,000 characters per year. Report Consumer users only have access to the Studio interface during the Subscription Term.
  6. Export API*: Provides the use of Export API (as defined below) for the export of processed Feedback Records submitted pursuant to Customer’s Maximum Feedback Record capacity purchased under an Order Form. Customer shall be limited to such export of its total number of Feedback Records by no more than once per month unless mutually agreed by Qualtrics. Qualtrics’ application programming interface for processed data export (“Export API”) is designed to allow external software systems to communicate commands to, and exchange data with, certain functionality of the Cloud Services and thereby enable the display and reporting of data processed by the Cloud Services by Customer’s own proprietary or third party software products or systems (collectively, “Third Party Reporting Software”). Notwithstanding the purchase of the Export API Usage Rights, Qualtrics does not provide any warranty and Customer agrees that Qualtrics shall have no liability (i) for any non-Qualtrics products or services including, without limitation, any Third Party Reporting Software that Customer uses with the Export API, or (ii) to the Third Party Reporting Software provider or any other third party associated with the Customer’s combination of the use of the Cloud Services with any Third Party Reporting Software. Further Customer acknowledges and agrees that Customer (and not Qualtrics) is responsible for obtaining any licenses, consents and/or other permissions from applicable third parties as are necessary for Customer’s export and use of Customer Data through the Export API and any use of Third Party Reporting Software with the Cloud Services.
  7. Voice-to-Text Transcription & Data Masking*: Voice-to-Text is a hosted transcription service offered on a subscription basis pursuant to which Qualtrics will transcribe voice audio into a text format that is capable of being loaded into the Cloud Service, up to the Maximum Feedback Records purchased by Customer. In addition, Qualtrics will use pattern matching technologies to data mask sensitive information that matches the identified patterns from the call recordings before transcription into text. Transcribed audio is subject to the following constraints: (i) no more than 1/6th of the Maximum Feedback Record may be loaded to the service and transcribed in any one (1) month of an annual Subscription Term, (ii) over the course of an annual Subscription Term, Feedback Records derived from voice audio of a number that is no more than the annual Maximum Feedback Records may be loaded to the service and transcribed and (iii) Qualtrics will not reprocess historical voice audio after it has already been transcribed. The best results are achieved when audio is provided in an uncompressed, high-quality audio format where the agent and caller are on separate stereo channels (“High Quality Audio”). Unless Qualtrics is not provided with High Quality Audio, Qualtrics may not be able to transcribe voice audio into a text format for the transcription service. Qualtrics shall not be obligated to transcribe any audio in excess of the Maximum Feedback Records purchased during any given Subscription Term. Qualtrics will store up to the specified number of hours of MP3-quality recordings in the Qualtrics Cloud for later playback and review by Customer. Qualtrics will store information using MP3 encoding at 24kbs, single channel quality capable of being played back in XM Discover. Once audio files have been stored in MP3 they will not be available for re-transcription; audio files are stored only for playback. Once the number of Feedback Records that are stored in XM Discover equals the Storage Limit, recordings will automatically begin to be deleted from the Cloud Services starting with the oldest records first (measured by the date such record was transcribed) so that the number of Feedback Records in the Cloud Services at any one time does not exceed the Storage Limit.
  8. TripAdvisor Connector*: Annual subscription to Qualtrics’ query-based application with TripAdvisor, total locations queried shall be limited to (i) up to one thousand (1000) locations and (ii) the Maximum Feedback Record capacity purchased pursuant to an applicable Order Form. For purposes hereof, each individual business unit or property with a separate TripAdvisor ID shall be counted as a location (e.g., a hotel company with 1,000 hotel properties across the world, each with a distinct TripAdvisor ID, would be counted as 1,000 locations).
  9. Website Monitoring*: Annual subscription to use data monitoring and content retrieval tools to access and retrieve Third Party Content from Customer’s selected website(s) up to Customer’s Maximum Feedback Record capacity purchased under an Order Form. Site(s) and frequency of content delivery must be chosen and outlined in an accompanying Order Form prior to Qualtrics’ configuration and except as noted below cannot be changed unless mutually agreed in writing. As between the Parties, Customer alone is responsible for selection of all site(s) from which Third Party Content will be retrieved and such retrieval is subject to the Third Party Content obligations set forth in Section 3 of these Product Terms. Further, Customer acknowledges that access to any Third Party Content is controlled by the owners of those sites and can be suspended or terminated at such owners’ discretion. Qualtrics reserves the right to suspend or terminate any site monitored at any time (and to substitute an equal value site, if reasonably available) in the event of suspension or termination of monitoring or retrieval activities by the site owner that is not promptly resolved. While Qualtrics will use commercially reasonable efforts to provide the Website Monitoring services described herein, these services shall not be deemed Subscription Service offerings for the purposes of the SLA.
  10. Qualtrics Quality Management Add-On for XM Discover*: Provides the use of Qualtrics Quality Management functionality (as defined above) for automated scoring of up to the number of Feedback Records purchased pursuant to Customer’s subscription to the Cloud Services during each annual Subscription Term (or the ratable portion of the number of Qualtrics Quality Management of Feedback Records purchased for terms of less than one year). Qualtrics Quality Management will be limited solely to chat and call Feedback Record sources. Customer may not exceed the amount of Feedback Records scored using Qualtrics Quality Management in any annual Subscription Term. If the limit is reached during an annual Subscription Term, Customer will be required to purchase additional Feedback Records capacity in order to score additional Qualtrics Quality Management records. Qualtrics Quality Management means functionality to allow Customer to create and edit scoring models via the Designer and deploy them using the rubric editor in Studio. The Qualtrics Quality Management is available for use throughout Studio
3. TREATMENT OF CONTENT
  1. Selection of Customer Data. Customer understands that the Cloud Services are capable of processing Customer Data that is uploaded to the Services, including Third Party Content. For instance, Customer may be able to use the Subscription Services to retrieve, manage and post content to their social networking accounts or to retrieve Customer Data from a variety of other third-party websites. Customer acknowledges that its use of any Third Party Content or other third party service is governed by the terms of the applicable service provider (not these Product Terms nor the Agreement) and that Customer (not Qualtrics) is a party to such terms and solely responsible for compliance with such terms. Further, as between the Parties, Customer alone is responsible for selection of all Customer Data, any consents required by law or otherwise for the use of such Customer Data, and Customer assumes all risks associated with the content, accuracy, completeness, integrity, legality, reliability and appropriateness of Customer Data and the use of all such Customer Data contemplated by these Product Terms or the Agreement. If any provider of Third Party Content ceases to make the same available for use as contemplated in these Product Terms on acceptable terms, Qualtrics shall without liability or refund obligation have the right to discontinue retrieving, accessing and/or processing such Third Party Content.
  2. Rights in Customer Data and Access to Social Media Accounts. Customer acknowledges that: (i) Third Party Content may be subject to intellectual property rights or other rights that are owned or controlled by third parties or legal restrictions and regulations, such as privacy or obscenity laws; (ii) Qualtrics does not own or hold any intellectual property rights or other rights or licenses in or to the Third Party Content.
  3. Disclaimers.
    (a) Qualtrics shall have no obligation to preview, verify, flag, modify, filter or remove any Customer Data (although Qualtrics may do so in at its sole discretion), and Qualtrics shall not be responsible for any failure to remove, or for any delay in removing, harmful, inaccurate, unlawful or otherwise objectionable Customer Data. Qualtrics is not responsible for the suitability, or quality of the services, content, products, materials, or practices (including privacy practices) of third parties, including social networking sites and their users. Qualtrics uploads such Third Party Content for Customer’s convenience only and Qualtrics does not control such websites or applications. Qualtrics’ interactions with third party services in connection with providing the Cloud Services, and its inclusion of content from such websites, does not imply any endorsement of the services or materials on such third party websites or any license from or association with their operators. QUALTRICS DOES NOT PROVIDE ANY WARRANTY OR SUPPORT UNDER THIS AGREEMENT OF ANY WEBSITES, PRODUCTS, OR SERVICES OF ANY THIRD PARTY.
    (b) Customer acknowledges that, while Qualtrics maintains back-ups of all Customer Data in accordance with its security documentation, Customer is instructed to maintain its own back-up copies of Customer Data as Qualtrics shall not be responsible or liable for the deletion, destruction, damage or other failure to store any Customer Data.

*Purchase of additional Professional Services from Qualtrics may be required for the configuration of this product.