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Terms of Service

Last Updated January 5, 2025

These Terms of Service constitute a legally binding agreement between you and Pollchat LLC (together with its affiliates, “Pollchat”, “we,” “our” or “us”) governing your use of our products, services, mobile application (the “App”), and website (the “Site” and collectively with the foregoing, the “Services”).

Acceptance of Terms
BY CLICKING “I AGREE,” REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP OR ANY UPGRADES, USING THE APP ON YOUR DEVICE, OR ACCESSING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU REGISTER WITH THE SITE OR APP. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICES.

Privacy Policy
Any personal data you submit to the us or which we collect about you is governed by our Privacy Policy (“Privacy Policy”), available here.You acknowledge that by using the Services, you have reviewed the Privacy Policy.The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement.”

Effective Date and Authority
These Terms of Service are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access the Services, whichever is earlier.If you accept or agree to these Terms of Service on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms of Services; (ii) you have read and understand these Terms of Service; and (iii) you agree to these Terms of Service on behalf of the party that you represent.In such event, “you” and “your” will refer and apply to your employer or such other legal entity.

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND Pollchat CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION13). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

RESIDENTS OF THE EUROPEAN ECONOMIC AREA (EEA) ARE PROHIBITED FROM USING POLLCHAT AND MUST CEASE USE IMMEDIATELY.

Age and legal capacity

You represent that you are at least 15 years of age and possess the legal capacity to enter into the agreement set forth in these Terms. No one under the age of 15 is allowed to use or access Pollchat. If you are old enough to use or access Pollchat but are not old enough to have authority to consent to our terms, your parent or guardian must agree to these Terms on your behalf. If you are under 18 years of age, please check with your parent or guardian if you have the authority to consent to our terms. If you are a parent or legal guardian, and you allow your teenager to use the services, then these Terms also apply to you and you are responsible for your teenager's activity on the services.

Only use Pollchat if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Pollchat has been provided to us.

  1. Our Services

We provide a community based social messaging platform. We are not affiliated with or connected to any educational institution. The views expressed within a Pollchat community do not represent the views of Pollchat the organization or the educational institution where the aforementioned community members attend or have attended.

This platform is strictly for high school students belonging to their respective communities. By accessing or using this platform, you confirm that you meet this requirement. Individuals accessing this platform that have not met the aforementioned are expressly prohibited from creating accounts, accessing, or interacting on this platform in any capacity. Misrepresenting your age to access Pollchat’s Services constitutes a violation of these Terms and may be considered a form of fraud or deception, which is illegal in many jurisdictions. Pollchat reserves the right to terminate accounts and take appropriate action if it is discovered that a user has lied about their age. Any account found in violation of this policy will be permanently suspended, and repeated or intentional violations may result in further legal action to protect our community.

If you are a resident of the European Economic Area (“EEA”), you may not use Pollchat and must immediately terminate your use of our platform and service.

  1. Account, Password, Security, and Mobile Phone Use

By registering for and using Pollchat’s Services, you agree to provide and maintain accurate, current, and complete information as requested during registration. It is your responsibility to promptly update your Account information whenever necessary. You acknowledge that you are the sole authorized user of your Account and bear full responsibility for maintaining the confidentiality of all credentials, including log-in information, passwords, and account numbers issued by Pollchat or created by you.

Pollchat disclaims any liability for unauthorized access or use of your Account. If you suspect that any unauthorized party may be using your password or Account or you suspect any other breach of security, you agree to contact Pollchat immediately.

While Pollchat employs security measures to protect your account and content, it does not guarantee immunity from unauthorized access. You are encouraged to keep your SMS authentication code private. Pollchat disclaims any liability for unauthorized use of your Account. If you suspect unauthorized access or any breach of security, notify Pollchat immediately at help@poll.chat.

The person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of these Terms of Service and will be the person who is authorized to use any corresponding Account we provide to the Account Owner in connection with the Services; provided, however, that if you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. As the Account Owner, you are solely responsible for complying with these Terms of Service and only you are entitled to all benefits accruing thereto. Your Account is not transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account.

Pollchat requires an initial software download to your phone, computer, tablet, or other device. You consent to Pollchat’s automatic updates to this software, to which these Terms and Pollchat’s policies will continue to apply.

The individual registering for the Services will be considered the contracting party (“Account Owner”) for these Terms of Service, and only the Account Owner is authorized to use the associated Account. If you are registering on behalf of your employer, the employer will be designated as the Account Owner.

As the Account Owner, you are solely responsible for compliance with these Terms of Service, and only you are entitled to any associated benefits. Your Account is non-transferable and must not be shared. You must immediately notify Pollchat of any unauthorized account use, password compromise, or security breach at help@poll.chat.

Consent to Phone Number Use

By providing your mobile phone number, you consent to Pollchat’s use of your number for calls and recurring text messages (including via autodialer and prerecorded voice) to (i) facilitate and enhance Services, (ii) perform Services, and (iii) provide you with registration and account updates, service alerts, and other notifications.

These calls and texts may include, among other things, push notifications and other reminders delivered through our App. Pollchat will not charge you for these messages, but standard message, data, or other charges may apply from your wireless carrier. You can opt-out of receiving text messages by replying “STOP” to any text, or emailing help@poll.chat. To opt-out of calls, you may notify Pollchat during a call or via email. You understand that we may send you a text confirming any opt-out by you.

By opting in with your phone number (“Phone Number”) through the App or Site, you authorize Pollchat to send you SMS invitations for Account registration and other Services-related messages. Other users may also invite you via SMS. You can block Pollchat messages by texting “STOP” to (567) 339-3866, and Pollchat will confirm your unsubscription. Re-registering for the Services will require a new Opt-in.

By using Pollchat, you understand that (i) message and data rates may apply for SMS messages to or from Pollchat; (ii) you are responsible for any carrier fees associated with SMS messages; and (iii) carrier-related questions should be directed to your wireless provider.

SMS Messaging

Pollchat uses SMS messaging to sign into your account. Standard message and data rates may apply. For assistance:

  • Text (567) 339-3866 or reply “HELP” to any SMS from pollchat.
  • Email help@poll.chat for additional support.

To terminate SMS messaging, text “STOP” to (567) 339-3866. SMS service requires a compatible mobile subscription and network access from a participating carrier, along with any carrier services for sending text messages. Pollchat is not liable for any fees related to SMS services or carrier issues.

Supported Carriers include AT&T, Verizon Wireless, Sprint, T-Mobile, Alltel, CellularOne, Virgin Mobile, U.S. Cellular, and Metro PCS. Pollchat disclaims liability for lost or delayed messages; message rates are determined by your carrier. You are responsible for any equipment or software necessary to access SMS services, and if upgrades to Services require changes to your equipment or software, these adjustments are at your expense.

Any new features that enhance current Services are subject to these Terms.

Pollchat reserves the right to modify, suspend, limit, or discontinue SMS Services at any time. Service availability may be interrupted for maintenance, upgrades, emergency repairs, or due to telecommunications issues beyond Pollchat’s control. By using the Services, you agree Pollchat will not be liable for any modifications or interruptions.

Upon SMS invitation acceptance, you must register in the App, providing accurate information including name, school, grade, gender, phone number, and profile photo. You agree to keep this information updated. If your provided information is inaccurate, incomplete, or untrue, Pollchat reserves the right to suspend or terminate your Account and refuse future Services access.

  1. User Generated Content

User Generated Content refers to any content, information, or materials—whether textual, audio, visual, or otherwise—that you provide, submit, upload, publish, or otherwise make available on or through the Services and our users. You are solely responsibility for any User Generated Content you provide, with Pollchat acting solely as a passive conduit for your online distribution and publication of your User Generated Content.

You acknowledge and agree that Pollchat:

  • Is not involved in the creation or development of User Generated Content.
  • Disclaims any responsibility and liability for User Generated Content.
  • Is not liable for claims arising out of or related to User Generated Content
  • Is under no obligation to monitor, review, or remove User Generated Content, but reserves the right, at its sole discretion, to limit or remove User Generated Content from the Services.

You hereby represent and warrant to Pollchat that your User-Generated Content will:

  • Not be false, inaccurate, incomplete, or misleading;
  • Not infringe upon any third-party rights, including copyright, patent, trademark, trade secret, proprietary rights, rights of publicity, or rights of privacy;
  • Not violate any applicable law, statute, ordinance, or regulation, including but not limited to those relating to export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam, or privacy;
  • Not be unlawful, harmful, threatening, abusive, harassing, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable;
  • Not be defamatory, libelous, unlawfully threatening, or unlawfully harassing;
  • Not contain obscene or pornographic material, including but not limited to child pornography, or otherwise be harmful to minors;
  • Not constitute unsolicited or unauthorized advertising, promotional materials, commercial activities, junk mail, spam, chain letters, pyramid schemes,contests, sweepstakes, or other forms of solicitation.
  • Not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or any other malicious software intended to damage, disrupt, intercept, or expropriate any system, data, or personal information;
  • Not be deemed, in Pollchat's sole judgment, objectionable or restrictive to other users' enjoyment of the Services, nor should it expose Pollchat or its users to harm or liability of any type;
  • Not impersonate any individual or entity or misrepresent your affiliation with a person or entity;
  • Not promote or further any criminal activity or enterprise, nor provide instructional information regarding illegal activities;
  • Not solicit personal information from other users on the platform;
  • Not advertise or offer to sell or buy any goods or services unless explicitly authorized by Pollchat;
  • Not create the impression of employment or direct engagement with Pollchat, nor imply that you are a representative or agent of Pollchat; and
  • Not create liability for Pollchat or cause Pollchat to lose (in whole or in part) the services of its ISPs or other suppliers.

Pollchat reserves the right to remove or alter any User-Generated Content, or to modify its usage on Pollchat, for any reason, including content that violates these Terms or other applicable policies, such as our community guidelines. Pollchat reserves the right to investigate and take appropriate legal action, at its sole discretion, against any user violating these provisions, including removing offending content, suspending or terminating accounts, and reporting such violations to law enforcement authorities.

By making User-Generated Content available through the Services, you hereby grant Pollchat a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such User-Generated Content on, through, or by means of the Services.

Pollchat does not claim ownership of any User-Generated Content, and nothing in this Agreement restricts your rights to use and exploit any User-Generated Content. Content shared on Pollchat may remain available even if you leave the platform, and Pollchat may back up, archive, and retain your User Content after account termination or content deletion. Pollchat and its users may continue to store, display, reproduce, modify, create derivative works, perform, and distribute any User Content that other users have stored or shared on Pollchat.

  1. Representations and Warranties

You represent and warrant that you are at least 15 years of age or older. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

Our Services do not target anyone under the age of 15. We do not knowingly collect Personal Information directly from children. If you are under the age of 15, please do not submit any Personal Information through our Services.

If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us so that we may delete such information. We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information on our website and/or our Services without their permission.

If we discover we have inadvertently received any Personal Information from a child under the age of 15 in violation of this and our Privacy Policy, we will take reasonable steps to delete that information as quickly as possible. If you believe that we have any Personal Information from or about anyone under the age of 15, please contact us athelp@poll.chat.

You further represent and warrant that (i) you have read, understand, and agree to be bound by these Terms of Service, Privacy Policy, and our community guidelines in order to access and use theServices, (ii) you will act professionally and responsibly in your interactions with other users, and (iii) when using or accessing the Services, you will act in accordance with any applicable local, state, or federal law or custom and in good faith.

You agree not to engage in any of the following prohibited activities, among others:

  • copying, distributing, or disclosing any part of the Services in any medium other than as allowed by the Services and these Terms of Service;
  • using any automated system (other than any functionalities of the Services), including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services;
  • transmitting spam, chain letters, or other unsolicited email or attempting to phish, pharm, pretext, spider, crawl, or scrape;
  • attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
  • violating any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • conducting any unlawful purposes or soliciting others to perform or participate in any unlawful acts;
  • uploading invalid data, viruses, worms, or other software agents through the Services;
  • infringing upon or violate our intellectual property rights or the intellectual property rights of others;
  • impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  • harassing, insulting, harming, abusing, defaming, abusing, harassing, stalking, threatening, intimidating or otherwise violating the legal rights (such as of privacy and publicity) of any other users or visitors of the Services or staff member of Pollchat;
  • interfering with or any activity that threatens the performance, security or proper functioning of the Services;
  • uploading or transmitting viruses or any other type of malicious code;
  • attempting to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services;
  • bypassing the security features or measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
  • attempting to access unauthorized Accounts or to collect or track the personal information of others;
  • engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Company from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
  • using the Services for any purpose or in any manner that infringes the rights of any third party; or
  • obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service; and
  • encouraging or enabling any other individual to do any of the foregoing.

You hereby warrant and represent that, other than as fully and promptly disclosed to Pollchat as set forth below, you do not have any motivation, status, or interest which Pollchat may reasonably wish to know about in connection with the Services, including without limitation, if you are using or will or intend to use the Services for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to Pollchat in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Services.

  1. Mobile App Updates and Upgrades

By installing the App, you consent to the installation of the App and any updates or upgrades that are released through the Services. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Pollchat’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored your device, and (iii) collect personal information as set out in our Privacy Policy, including location information. You can uninstall the App at any time by going into the app, clicking Edit Profile › Manage Account › Delete Account.

  1. Subscriptions and Fees

Fees

If any portion of the Service is provided for a fee, you may need to select a payment plan and submit valid credit card or payment information. You represent and warrant to Pollchat that the information provided is accurate and that you are authorized to use the payment method. You agree to promptly update your account with Pollchat or the App Provider (as defined below) in the event of any changes, such as updates to your billing address or payment method expiration.

You agree to pay Pollchat according to the terms of the selected payment plan and these Terms of Service. If your plan includes an automatically renewing subscription, you authorize Pollchat (through the App Provider, if applicable) to charge your payment method in advance on a periodic basis until you terminate your account, and you agree to pay any resulting charges.

If you wish to dispute a charge, you must notify Pollchat and the App Provider within thirty (30) days from the date of the charge. Pollchat reserves the right to adjust its prices at any time without prior notice. New prices will be displayed through Pollchat’s in-app store, the Service user interface, a pop-up notice, email, or other reasonable methods at Pollchat's discretion. Pollchat may also adjust the price of its in-app currency, "vibes", at any time without notice. You understand and agree that if Pollchat changes the value or price of vibes, you will not be entitled to any refunds, compensation, or consideration related to such changes. Continued use of the Service after a price change constitutes your agreement to the adjusted price.

You acknowledge that purchased vibes hold no real monetary value and are intended solely for in-app upgrades. Pollchat will not be liable for any inability or failure to use purchased vibes within the Service. You are responsible for all applicable taxes related to your use of the Service.

Automatic Renewal and Cancellation

Pollchat may offer Users a weekly subscription for an enhanced user experience. This can be purchased through the in-app store. If you sign up for a subscription, your subscription will automatically renew until you cancel, and you will automatically be charged the associated fee (plus any applicable taxes) until you cancel. To see your next renewal date and current fee, visit your mobile device's account settings, or the Subscriptions tab that is available through the Apple App Store.

You must cancel your subscription at least 24 hours before the end of your current billing period to avoid being charged for the next billing period. After cancellation, you will have access to your subscription through the last day of your current billing period, at which point your subscription (and access to your subscription features) will be discontinued.

You may cancel your subscription any time through your Apple App Store. To access the subscription features after discontinuing your paid subscription, you may need to purchase a new subscription, subject to then-current fees, terms, and conditions.

Subscription and In-App Purchase Payments

Subscription payments are processed through Apple (“App Provider”). You are responsible for providing and maintaining accurate, up-to-date payment information with your App Provider. If a payment fails, your access to subscription features may be suspended until a valid payment method is provided. Pollchat is not liable if your subscription or one-time payment fails to renew due to outdated or invalid payment information.

Refund Policy

Refund requests are managed directly by the App Provider, not Pollchat. To request a refund, you must follow the App Provider's refund procedures (for example, Apple's refund process can be accessed here: Apple Support).

Pollchat does not issue refunds for subscription fees or in-app purchases. If you choose to cancel your subscription or would like a refund on a one-time purchase, Pollchat will not provide a refund or credit for any unused portion of your subscription period or purchased vibes.

You are not entitled to a refund or credit for any part of a billing period if the subscription features or one-time purchases are unavailable, experience delays, defects, or any other issues.

Changes to Subscription Plans and Features

Pollchat reserves the right to modify or discontinue subscription plans, features, terms, or pricing at any time. Pollchat is not liable for any damages or losses resulting from interruptions, delays, or failures in subscription access or features.

  1. Affiliation and Representation

Pollchat is independent and not affiliated, associated, authorized, endorsed by, or otherwise connected to any educational institution. Content posted on Pollchat reflects solely the views of individual users and does not represent the views, statements, or endorsements of Pollchat, its staff, affiliates, or any educational institution, including any institution’s officers, trustees, faculty, or students. No content on Pollchat should be interpreted as supported or endorsed by any educational institution.

If you have concerns about specific content on Pollchat, you may report it by contacting help@poll.chat. Requests for content removal will be evaluated case by case and may take up to 72 hours to process, at Pollchat’s sole discretion. You understand and agree that any content removal by Pollchat does not create precedent, and future actions will continue to be determined solely at Pollchat’s discretion, regardless of actions previously taken.

Educational institutions have no access to, control over, or ability to modify content posted on Pollchat. Any names, logos, trade dress (such as institutional colors), marks, emblems, or images related to educational institutions are trademarks of their respective owners and are used without permission or license.

  1. Termination and Suspension

Unless otherwise agreed in writing, either you or Pollchat may terminate these Terms of Service at any time, with or without cause. You may cancel and delete your account at any time by using available features within the Services or by providing written notice to help@poll.chat. Upon cancellation, you will lose access to your account, profile, and any information within the Services. Certain provisions of these Terms of Service, including disclaimers of warranties, limitations of liability, and indemnification, are intended to survive termination and will remain in effect indefinitely.

Pollchat reserves the right to refuse service to anyone for any reason at any time. If Pollchat believes or is investigating a potential violation of these Terms, it may terminate or restrict your access to the Services. This action will be effective immediately upon delivery of notice by email or other written communication. If your access is terminated or restricted, you are prohibited from creating a new account under your name, a false or assumed name, or the name of any third party, even if acting on behalf of the third party.

Even after your access to the Services has been terminated or restricted, these Terms of Service remain enforceable against you. Pollchat reserves the right to pursue appropriate legal remedies, including but not limited to arbitration as set forth in Section 14 of these Terms of Service.

Pollchat reserves the right to modify or discontinue any portion of the Services, temporarily or permanently, at its sole discretion, and is not liable for any resulting modification or discontinuance. Pollchat also reserves the right to restrict any individual from completing user registration if it determines, in its sole discretion, that such restriction is necessary to protect the safety or integrity of the Services, or for any other reasonable business concern.

Following the termination or cancellation of your account, Pollchat reserves the right to delete all associated data, including User Generated Content, in the ordinary course of operations. Your data cannot be recovered once your Account is terminated or cancelled.

  1. Links to Third-Party Websites

The Services may contain links (for example, pasted on a poll) to third-party websites. Such links do not constitute endorsement by Pollchat or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only.

Pollchat does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Pollchat is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites.

Further, you acknowledge and agree that Pollchat has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Services at its sole discretion.

The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Pollchat expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Services.

You hereby agree to hold Pollchat harmless from any liability that may result from the use of links that may appear on the Services.

As part of the functionality of the Services, you may link your Account with online accounts you may have with third-party service providers, such as Apple, Google or Microsoft (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Services; or (ii) allowing Pollchat to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent that you are entitled to disclose your Third-Party Account login information to Pollchat and/or grant Pollchat access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Pollchat to pay any fees or making Pollchat subject to any usage limitations imposed by such third-party service providers.

By granting Pollchat access to any Third-Party Accounts, you understand that (1) Pollchat may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Services via your Account, including without limitation any friend lists, and (2) Pollchat may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your Account with the Third-Party Account.

Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or Pollchat’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Account on the Services and your Third-Party Accounts at any time, as set forth below.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY PROVIDERS.

Pollchat makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Pollchat is not responsible for any SNS Content.

  1. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material”) that users see or read through the Services is owned by Pollchat, excluding User Generated Content, which users hereby grant Pollchat a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Pollchat owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without Pollchats’ express prior written consent and, if applicable, the holder of the rights to the User Generated Content.

Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Pollchat and, if applicable, the holder of the rights to the User Generated Content.

The service marks and trademarks of Pollchat, including without limitation Pollchat and Pollchat logos, are service marks owned by Pollchat. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

Additionally, you may choose to or we may invite you to submit comments, ideas, or feedback about the Services, including without limitation about how to improve our services or our products (“Feedback”).

By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Pollchat under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.

You further acknowledge that, by acceptance of your submission, Pollchat does not waive any rights to use similar or related Feedback previously known to Pollchat, developed by its employees, or obtained from sources other than you.

You acknowledge that all email and any other correspondence that you submit to us shall become our sole and exclusive property.

Subject to the terms and conditions hereof, you are hereby granted a limited, nonexclusive, nontransferable, freely revocable, license to access and use the Services. We may terminate this license at any time for any reason or no reason.

The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, reports generated by the Services, and copyrights (the “Pollchat Content”), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Pollchat or, as applicable, its licensors.

The Pollchat name and the Pollchat logo or icon (“glasses” design) and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. The unauthorized use of any of these trademarks is strictly prohibited.

Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, publicly distribute, publicly transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services.

Use of the Pollchat Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Your use of the Services and the relating licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines and any end user licenses associated with your use of the App. Pollchat may modify such guidelines in its sole discretion at any time. Pollchat reserves the right to terminate your Account and access to the Services if it determines that you have violated any such applicable guidelines.

You may not copy, modify, create derivative works based upon, distribute, sell, lease, or sublicense any of our software or Services. You also may not reverse engineer or decompile our software or Services, attempt to do so, or assist anyone in doing so, unless you have our written consent or applicable law permits it.

  1. Copyright Complaints and Copyright Agent

Our Service is protected by copyrights, trademarks and other proprietary rights, and may not be used for any purpose or in any manner that infringes the rights of any third party.

We encourage you to report any content on Pollchat that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on Pollchat infringes your copyright, trademark, or other intellectual property rights, please read below for how to submit your complaint.

In accordance with the Digital Millennium Copyright Act of 1998 (the 'DMCA'), Pollchat has a designated agent for receiving notices of copyright infringement and Pollchat follows the notice and take-down procedures of the DMCA.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pollchat's copyright agent the following information required by the DMCA, 17 U.S.C. § 512:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., the community of the post, and a screenshot of the poll);
  • information reasonably sufficient to permit us to contact the complaining party;
  • a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content on Pollchat violates your rights other than copyrights, please provide Pollchat with at least the following information:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., the community of the post, and a screenshot of the poll);
  • an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and
  • accurate contact information for you.

Please send your notice of claims of copyright infringement on or regarding Pollchat or other complaint regarding alleged violation of rights to Pollchat's copyright agent, who can be reached as follows:

ATTN: Copyright Manager: Pollchat LLC

Phone: (567) 339-3866

Email: help@poll.chat

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any purportedly infringing material. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

  1. Confidential Information

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Pollchat and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Services in accordance with these Terms of Service.

If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information.

You shall promptly notify Pollchat in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use.

You shall return all originals and any copies of all materials containing Confidential Information to Pollchat upon termination of this Agreement for any reason whatsoever.

The term “Confidential Information” shall mean any and all of Pollchat’s trade secrets, confidential and proprietary information, and all other information and data of Pollchat that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Pollchat or Pollchat’s business, operations or properties, including information about Pollchat’s staff, users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

  1. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. POLLCHAT MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES OR ANY SITES LINKED TO POLLCHAT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS OR DELAYS IN SERVICES; (V) FAILURE TO STORE OR TRANSMIT ANY CONTENT OR DATA, OR THE DELETION OF ANY STORED CONTENT OR DATA.

UNDER NO CIRCUMSTANCES WILL Pollchat AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY Pollchat, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT Pollchat AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LOWER OF (I) THE TOTAL FEES PAID BY YOU TO Pollchat DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH THE SERVICE, THE CONTENT OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

  1. Indemnification

You hereby agree to indemnify, defend, and hold harmless Pollchat and its officers, directors, employees, members, affiliates, agents, attorneys, insurers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Services, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any user or third party and (iv) any content submitted by you or using your Account to the Services, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful.

You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure.

Pollchat reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Pollchat. Our right to indemnification survives any cancellation, termination, deletion or suspension of your Pollchat account.

  1. Dispute Resolution – Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND Pollchat CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND Pollchat TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

You agree that, in the event any dispute or claim arises out of or relating to your use of the Services, you will contact us at help@poll.chat and you and Pollchat will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a “Dispute” as defined below.Except for the right to seek injunctive or other equitable relief described under the “Binding Arbitration” section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise.

Binding Arbitration.You and Pollchat agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.This means that you and Pollchat both agree to waive the right to a trial by jury.Notwithstanding the foregoing, you may bring a claim against Pollchat in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.

Class Action Waiver.You and Pollchat agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action.This means that you and Pollchat both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Pollchat agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.

Arbitration Administration and Rules.The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution’ section. (The AAA Rules are available athttp://www.adr.orgor by calling the AAA at 1-800-778-7879).

Arbitration Process.A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.

Arbitration Location and Procedure.Unless you and Pollchat agree otherwise, the seat of the arbitration shall be in the state of Delaware, If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and Pollchat submit to the arbitrator, unless you request a hearing, and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.

Arbitrator’s Decision and Governing Law.The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees.Each party’s responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules.

  1. Governing Law

Except as provided in Section 13 or expressly provided in writing otherwise, this Agreement and your use of the Services will be governed by, and will be construed under, the laws of the State of Delaware, without regard to choice of law principles. This choice of law provision is only intended to specify the use of Delaware law to interpret this Agreement.

  1. No Agency; No Employment

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

  1. Competitors

No employee, independent contractor, agent, or affiliate of any competing social media company is permitted to view, access, or use any portion of the Service without express written permission from Company. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Company or any of its affiliates, or acting on behalf of a competitor of Company in using or accessing the Service.

  1. Apple App Store

The following terms and conditions apply to you only if you are using the Pollchat app from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the Pollchat app from the Apple App Store.

You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the Pollchat app or content thereof. Your use of the Pollchat app must comply with the App Store's applicable terms of use.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Pollchat app. In the event of any failure of the Pollchat app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Pollchat app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Pollchat app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms.

You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the Pollchat app or your possession and/or use of the Pollchat app, including, but not limited to: (a) product liability claims, (b) any claim that the Pollchat app fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third-party claim that the Pollchat app or your possession and use of that Pollchat app infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

You must comply with applicable third-party terms of agreement when using the Pollchat app. You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the Pollchat app, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

  1. General Provisions

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Pollchat's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

This Agreement constitutes the complete and exclusive agreement between you and Pollchat with respect to its subject matter and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable.

Except for the “Class Action Waiver” in Section 13, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (i) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (ii) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions.

This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (1) to a parent or subsidiary, (2) to an acquirer of assets, or (3) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Pollchat, its successors and assigns.

  1. Changes to this Agreement and the Services

Pollchat reserves the right, at its sole and absolute discretion, to modify, amend, add to, or remove any portion of this Agreement, including these Terms of Service and Privacy Policy, at any time. Pollchat may also review, enhance, suspend, discontinue, or permanently change the Services or any content or features offered through the Services, with or without prior notice, and without any liability to Pollchat for such actions.

You consent to receive any agreements, notices, disclosures, and other communications (“Notices”) related to this Agreement electronically, including by in-app notifications within Pollchat or by SMS message to the phone number associated with your account. You agree that all electronic Notices satisfy any legal requirement for written communication. Notices will be considered duly given when posted within the Pollchat app, sent via SMS, or when posted on the Pollchat website.

Any modifications to this Agreement or new terms will become effective immediately upon posting. By continuing to access and use Pollchat, you irrevocably agree to be bound by any updated or modified terms. If any changes to this Agreement are unacceptable to you, or if you no longer agree to comply with the terms, you must immediately discontinue use of the Services.

Pollchat also reserves the right to impose limits on specific features or restrict access to portions of the Services, with or without notice, and without any liability to Pollchat.

  1. Commercial Use

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

  1. No Rights of Third Parties

None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.

  1. Severability

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and remaining provisions shall remain in full force and valid.

  1. California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

  1. Contacting Us

If you have any questions about these Terms of Service or about the Services, please contact us by email at help@poll.chat.