1. Who these terms are for
These terms apply to any business or person that uses Fairly to reach Fairly members — to build audiences, run surveys, hold research sessions, or run sponsored offers once they open ("you"). "Fairly", "we" and "us" mean Fairly LLC, a Utah LLC.
If you use Fairly for a company, you confirm that you may accept these terms for it, and "you" means that company. Fairly members — the people who share information with Fairly and choose to take part in campaigns — are covered by separate member terms and our privacy policy.
2. Accepting these terms
You accept these terms when you create an advertiser account and tick the box that says you agree. We record which version you accepted and when. This is version 2026-10-14-draft.
If we change these terms in a way that matters, we will email your account's owner before the change takes effect and ask you to accept the new version before you keep using Fairly. If you don't accept it, you can close your account (section 13).
3. How Fairly works: a walled garden
Members share information with Fairly, not with you. Your campaigns reach them inside Fairly.
- You never receive members' names, email addresses, phone numbers, postal addresses, or any list of who is in an audience.
- An audience (a "segment") is a targeting definition: a set of rules that decides who is invited to a campaign that runs inside Fairly. It is not a list of people.
- Surveys, research sessions and sponsored offers run inside Fairly. Members decide for themselves whether to take part.
- There is no export of member data — not raw, not hashed, not on request. You agree not to try to get it any other way.
4. What you receive
- Audience sizes and breakdowns. Counts and breakdowns (for example by age range or state) for the audiences you build. Breakdowns appear only when an audience is above a minimum size.
- Survey results. Totals and breakdowns of answers. Written answers may be shared as excerpts with contact details removed.
- Research sessions. Participants join on your own meeting link, so you will see and hear them. They agreed to that when they accepted your invitation.
- Campaign reports. Results of your campaigns as totals, not person by person.
To protect members, we may hide or combine small groups in any result.
5. How you may use what you receive
- Use it only to understand your campaigns, your customers and your market, for your own business.
- Don't sell or rent it, and don't pass it to anyone except the people who need it for that work. Anyone you share it with must follow these terms too, and you are responsible if they don't.
- Keep anything you download secure, and delete it when you no longer need it, when your account closes, or when we ask you to.
6. Never try to identify a participant
- Don't try to identify, re-identify or contact any member or participant outside Fairly — not from survey answers or excerpts, audience sizes, campaign reports, research sessions, links or codes in a campaign, or by combining any of these with other information. That includes comparing the sizes of overlapping audiences to learn something about one person.
- Don't ask for names, email addresses, phone numbers, postal addresses, social media handles or other contact details in survey questions or in research sessions, and don't invite participants to get in touch with you outside Fairly.
- If you learn who a participant is by accident, don't record it or use it, and tell us.
7. No discrimination
You may not use Fairly to discriminate against anyone.
- Don't use Fairly, or anything you receive from it, to make or inform decisions about anyone's eligibility for credit, housing, employment or insurance, or any other eligibility decision.
- Don't use Fairly in any way that is unlawful.
- Follow every anti-discrimination law that applies to you, including fair-housing, fair-lending and equal-employment laws.
When you create a sponsored offer, you must say truthfully what it is for (for example alcohol, credit or loans, housing, or jobs). Fairly limits who each kind of offer can reach. Housing, employment, credit, loan, debt, payday and insurance offers can't be aimed by age, sex, marital or family status, disability, military service, race, ethnicity or national origin, religion, sexual orientation or gender identity. Alcohol and gambling offers reach only people we know are 21 or older. Declaring an offer as something it isn't breaks these terms.
8. Sensitive categories
Some details are sensitive: race or ethnicity, religion, sexual orientation, gender identity, political affiliation, health conditions, and detailed financial information. Members share each of these only with its own separate permission, can turn it off at any time, and every use of it is logged.
- Race or ethnicity, religion, sexual orientation, gender identity and political affiliation may be used to choose an audience only for surveys and research sessions — never for sponsored offers.
- For now, the same applies to health conditions and detailed financial information: surveys and research sessions only.
- Fairly enforces these limits when an audience is used for a campaign.
- Don't try to work out a member's sensitive details from anything you receive.
9. Your surveys, sessions and offers
You are responsible for what you ask and offer. Your survey questions, session topics and offers must be lawful, honest and not misleading, and must follow sections 6 to 8. We may refuse, pause or end a campaign that doesn't.
10. Research sessions
- Recording. Record a session only if you said it would be recorded when you set it up. Participants in a recorded session agree to recording separately from agreeing to take part. Never record a session you set up as not recorded. Use recordings only for your research, keep them secure, share them only with the people doing that research, and delete them when you no longer need them.
- What you pay for. You pay for a session's seats when you launch it. You are charged for every seat a participant confirms, even if that participant doesn't show up. Seats nobody confirmed are refunded.
- After the session. Complete the session and report who attended. Participants you report as attending are paid their reward. If you haven't completed a session 7 days after its scheduled time, we complete it for you and every confirmed participant is paid. A session that is never scheduled is canceled after its scheduling window closes, and you are refunded.
- Canceling. Before a session is scheduled, you can cancel it and get a full refund. After it is scheduled, each confirmed participant receives a cancellation fee from what you paid — their full reward if you cancel within 24 hours of the start time, a smaller part of it if you cancel earlier — and the rest is refunded. Once the scheduled time has passed, a session can't be canceled; complete it instead. You see exactly what you'll get back before you confirm a cancellation.
11. Pricing and payment
- Pay as you go. There are no subscription plans. You pay for each campaign when you launch it, at the price shown before you confirm, which includes card processing. Prices depend on the campaign type, the audience and the options you choose. We may change prices for future campaigns; a campaign keeps the price it launched at.
- Failed payments. If a payment doesn't go through, the campaign doesn't launch until payment succeeds.
- Campaigns are prepaid. A survey is charged at launch for the number of responses you set, a research session for its seats, and a sponsored offer for its full budget. Raising an offer's budget charges the difference. You see the price before you pay.
- Refunds of what isn't used. When a survey closes, responses it didn't receive are refunded. When an offer is canceled or ends, its unspent budget is refunded. Research-session refunds work as described in section 10. Refunds go back to the card that paid.
12. Your account and API keys
- Give accurate information about you and your company, and keep it current.
- Only people who work for or with your company may use your account.
- Keep your password and API keys secret. You are responsible for everything done with your account and your keys. Tell us right away at [email protected] if you think someone else has access; we may turn off a key to protect members.
13. Suspension and closing your account
We may pause your campaigns, turn off your API keys, or suspend or close your account if you break these terms, if members could be harmed, or if the law requires it. Where we can, we will tell you why first. When a campaign ends this way, what it hasn't used is refunded as described in sections 10 and 11, after anything owed to participants.
You can close your account at any time by emailing [email protected]. Sections 5 to 8 and 14 to 16 still apply after your account closes.
14. No warranty
Fairly is provided "as is" and "as available". We don't promise any number of members, responses or participants, any particular result, or that the service will always be available or free of errors. Audience sizes are estimates at the moment you see them.
15. Limitation of liability
To the maximum extent permitted by law, Fairly is not liable for indirect, incidental, special or consequential damages, or for lost profits, arising out of your use of Fairly. Our total liability for any claim arising under these terms is limited to the amount you paid Fairly in the twelve months before the claim, or $100, whichever is greater.
16. Dispute resolution
Any dispute arising under these terms will first be addressed through good-faith negotiation. If that fails, it will be resolved through binding individual arbitration in Utah, except where prohibited by law.
17. Design-partner addendum
This section applies only to advertisers Fairly has designated in writing as design partners. There are up to five.
- What you get. Design partners get every feature available to advertisers for six months from their start date, plus launch credits applied toward campaign charges. After six months, standard pay-as-you-go pricing applies, and you're only charged when you launch a campaign. Launch credits have no cash value, can't be transferred, and their amount and expiry date are confirmed in writing when you join.
- What we ask in return. A 30-minute feedback call each month; at least one paid campaign during the six months; permission for a named case study with your results, which you approve before it is published; and your logo on Fairly's website.
Everything else in these terms applies to design partners in full.