Terms of Service

1. Acceptance of Terms

By creating an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service. You must be at least 13 years old to use the Service.

2. Description of Service

Pollflare is a web-based audience engagement platform that allows users to create and manage live polls and Q&A sessions. Participants can join sessions via unique codes or QR codes without creating an account. The Service includes features such as real-time results, data export, and customization options depending on your subscription plan.

3. User Accounts

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Create, distribute, or collect content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Attempt to gain unauthorized access to any part of the Service
• Use automated means (bots, scrapers) to access the Service without permission
• Transmit viruses, malware, or other malicious code
• Collect or harvest user information without consent
• Use the Service for spam, phishing, or fraudulent purposes

5. User Content

You retain ownership of the content you create on the Service (polls, surveys, questions, etc.). By posting content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, display, and distribute your content solely for the purpose of operating and providing the Service.

You are solely responsible for your content and represent that you have all necessary rights to post it. We do not endorse any user content and are not responsible for content posted by users.

6. Subscription Plans and Billing

We offer the following plans:

• Free Plan: Limited features with 50 audience member limit, 20 sessions per month, and unlimited questions
• Event Pass: One-time purchase for 24 hours of unlimited access with 30-day data retention
• Pro Plan: Monthly subscription with unlimited access and permanent data retention

Paid subscriptions are billed in advance through our payment processor (Polar). By purchasing a subscription, you authorize us to charge your payment method on a recurring basis until you cancel.

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial billing periods, except as required by law.

7. Data Retention and Deletion

Session data (polls, Q&A sessions, and responses) is retained according to your subscription plan as described in our Privacy Policy. Free plan data is automatically deleted after 24 hours. You may request deletion of your account and all associated data at any time by contacting us.

8. Intellectual Property

The Service, including its original content, features, and functionality (excluding user content), is owned by Pollflare and is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.

9. Third-Party Services

The Service may integrate with or contain links to third-party services (e.g., Google Sign-In, payment processors). We are not responsible for the content, privacy policies, or practices of third-party services. Your use of third-party services is at your own risk and subject to their terms.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POLLFLARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Pollflare and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your content, or your violation of these Terms.

13. Modifications to Service and Terms

We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice. We may also update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Pollflare operates, without regard to its conflict of law provisions.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Contact Us

If you have questions about these Terms of Service, please contact us at [email protected]