Condiciones de uso

1. Our services

1. PollUnit is an offer of the PollUnit UG (haftungsbeschränkt). With PollUnit, you can create online surveys, scheduling and similar polls. PollUnit is a software that can be exclusively used over the Internet. We make every effort to ensure that you have access to our website at any time but can not guarantee uninterrupted availability. For example, access to our web application may be temporarily restricted for technical reasons or maintenance.
2. Some of our features are anonymously and/or free of charge available to you. Other functions will be provided only with an account or with a fee for the periods chosen by you. Refer to the PollUnit price list for the latest features.
3. You can not hold us liable for: the use of our application, the temporary or permanent failure of our application, errors in the application, errors in the results or your data, loss of your data or any other damages caused by the use of our application.
4. We can not guarantee the suitability of the application for your specific purposes. Please make sure to use our information, such as price lists and tutorials, about the suitability of our application for your purposes.
5. All prices include the legal VAT in your country.

2. Changes in our services

1. We reserve the right to make permanent or temporary changes to PollUnit at any time. This includes removing, adding or modifying our features, or adding third-party services. Such changes in our services exclude refund of any costs. All changes are subject to these terms of use.

3. Price adjustments

1. We are entitled to adjust our prices at any time. Ongoing subscriptions are excluded. An extension of current subscriptions on the same terms can be refused by us after the end of the period of use. You can then make a new subscription with our new prices.

4. Transfer of rights and obligations

1. We reserve the right to transfer our rights and obligations under these Terms of Use without your consent. You are not allowed to transfer your rights and obligations. Should we transfer our rights and obligations, we will notify you. The notification will be sent to the e-mail address in your account.

5. Contract conclusion and termination

1. Depending on the PollUnit account type, the functionality, the usage period and the costs of the respective account differ.
2. By clicking the 'Pay' button, you enter a binding contract for the selected services. We confirm the order of a chargeable account by e-mail after sending the order. A binding contract comes into effect upon receipt of the order confirmation.
3. Contracts without automatic renewal automatically terminate at the end of the contract period. You can cancel contracts with automatic renewal (subscriptions) at any time without giving reasons in your user account. The services of your account remain until the end of the respective period of use. A subscription must be terminated within the period of use you find in your user account, otherwise the contract will automatically be extended by the chosen period of your subscription.
4. Any refund will be excluded.

6. Your data and privacy

1. Your e-mail address in your user account is our contact address. If your e-mail changes, you are required to change the given e-mail in your PollUnit user account. All the details in your account are to be filled out truthfully.
2. Choose a safe password and do not share this with anyone. PollUnit only allows passwords with a certain minimum standard.
3. It is forbidden, unless otherwise agreed, to share a user account. This especially applies for paid user accounts.

7. Content

1. The title and description of your surveys, comments, or other text or images created or uploaded by you may not contain infringing, offensive, pornographic, otherwise inadmissible, criminal or national socialistic content.
2. You may only upload files that are your own or for which you have the right to reproduce or redistribute them and you do not violate the copyright laws.
3. Any content which contradicts these provisions can be deleted by us at any time without any claim for a refund.
4. We assume no liability for the contents of our users or services of third parties.

8. Obligations of users

1. It is not allowed to use PollUnit to send unwanted e-mails for advertising purposes ('spam or junk e-mails').
2. The User shall be liable for all damages caused to third parties by abusive use of PollUnit, in particular for claims resulting from claims for damages and reimbursement of third parties and the associated costs.
3. The user is obligated to respect the rights of the participants of a poll.
4. The user is obligated to use the data of the participants, which he receives through a survey, exclusively for the purpose of the survey. Excluded is especially the transfer of data to third parties.
5. The purpose of the application must be complied with. Any abuse of our application is prohibited.
6. No action may be taken that harms our application or users.
7. The user agrees with our privacy policy.

9. Advertising

1. PollUnits free user accounts as well as the functions for anonymous users are financed by advertising. This advertising can be adapted based on your content and surveys. You agree that PollUnit or third parties will display advertisements in your PollUnit polls and, if applicable, elsewhere in our web application.
2. You may not prevent the advertising, for example by an advertising blocker.

10. Promotions and vouchers

1. Promotions and vouchers are provided with a period of validity and can only be redeemed or claimed during the stated period. Promotional vouchers can not be purchased. Vouchers can only be redeemed once per order. Please note that promotional vouchers may be linked to a minimum order value. Promotional vouchers can only be redeemed prior to the completion of the ordering process. Subsequent crediting is not possible. Several promotional vouchers can not be combined with each other, unless otherwise agreed.

11. Support

1. In general, support is available via e-mail at support@pollunit.com or via our support forum at pollunit.com/forum.
2. Depending on the workload, the processing of your support request may take a different time. We can not guarantee processing.

12. Digital wallets

1. With the help of a wallet it is possible to receive payments. For example, donations can be collected or fees can be charged for a submission. For this function, the recipient of the payment needs an own account with the payment provider Stripe which has to be linked to the PollUnit account.
2. The recipient of the payment is the owner of the Stripe account and not PollUnit. By linking the Stripe account to PollUnit, the payee becomes the responsible merchant and is held financially liable by the financial institution that processes the payer's credit card payments.
3. Payments to a wallet incur a 2.9% - 4.9% transaction fee depending on the user account in addition to any fees charged by the payment provider, Stripe. This is automatically retained by the payee. This fee is non-refundable.
4. The payee is responsible for invoicing and complying with all applicable laws and regulations related to the processing of personal data collected in connection with the payments. This includes compliance with the General Data Protection Regulation (GDPR) and other applicable laws on the protection of personal data. The payee must ensure that it takes all necessary measures to guarantee the security and confidentiality of the personal data and to ensure that this data is only used for the purposes for which it was collected. The Payee shall be liable for any damage or loss resulting from a breach of these obligations.
5. The Payee shall be fully responsible for processing all full and partial refunds and other reimbursements in connection with payments accepted by it. This includes processing refunds required due to chargebacks, incorrect payments, or other reasons. Payee shall ensure that all refunds are processed properly and in a timely manner and that all required documentation and information is provided. The payee is liable for any damages or losses incurred due to errors or delays in processing refunds.

13. Deletion of inactive PollUnits

1. PollUnits of users with a Premium, Business or Enterprise Plan will not be deleted automatically. Those users are responsible for deleting their PollUnits.
2. PollUnits of users without a PollUnit account or with a free PollUnit plan, as well as those with an expired Premium, Business or Enterprise plan, will be deleted after one year of inactivity. Inactive PollUnits are PollUnits in which no voting or options have been added and no editing has been done for one year. Users, who have deposited an e-mail address, can postpone the deletion for one year and can do this every year again. For this purpose, they will be sent an e-mail 2 weeks before deletion which contains a link to the extension. We cannot guarantee that this email will arrive. The delivery could be prevented by a full mailbox, spam filters and the like.
3. The users are responsible for saving their data before deletion.

14. Account Sharing and Reselling

1. Account sharing involves the sharing of personal login credentials among multiple users, enabling them to access PollUnit without the need for separate registrations or additional account purchases. Account sharing is generally prohibited unless the individuals are collectively managing the same PollUnits.
2. Depending on the subscription plan, it is possible to create entities known as PollUnit Organizations. Each organization can have a predetermined number of members added to it. Within an organization, members can collaboratively create and manage PollUnits, utilizing the feature set associated with the account that created the organization. Transferring an organization or providing it to third parties is not permitted.
3. Users commit to not reselling or sublicensing the PollUnit services, especially the »Organizations« feature. This includes, but is not limited to, the prohibition of agencies using a single PollUnit account to provide our service to multiple clients without obtaining written permission from PollUnit.
4. Violations of this commitment may result in the immediate suspension of the account.

15. Further information

1. All legal relations between the parties are governed by the law of the Federal Republic of Germany under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. Should individual provisions of these conditions be or become ineffective or be incomplete, the remaining provisions shall remain unaffected.
3. Users who violate these terms may be temporarily or permanently blocked or deleted by us without the right to a refund.

Version: 02.2023