IPOLL TERMS AND CONDTIONS
These Terms and Conditions (“T&C”) contain the terms under which iPoll and its affiliates provide their Services to you and describe how the Services may be accessed and used.
iPoll provides a variety of different services. Additional service-specific including rules and guidelines) apply to some Services (“Additional Terms “). Those Additional Terms become a part of your agreement with us if you use those Services. For example, if you use our survey services
You indicate your agreement to these Terms by downloading and using our mobile Application
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
1. Fees and Payments
1.1. Fees for Services. You agree to pay iPoll fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
1.2. Subscriptions. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
1.3. Price Changes. iPoll may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. iPoll will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
1.4. Overage Fees. Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
2.2. Confidentiality. iPoll will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by iPoll); (b) was lawfully known to iPoll before receiving it from you; (c) is received by iPoll from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by iPoll without reference to your Content. iPoll may disclose your Content when required by law or legal process, but only after iPoll, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
2.3. Security. iPoll will store and process your Content in a manner consistent with industry security standards. iPoll has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.
3. Your Content
3.1. You Retain Ownership of Your Content. You retain ownership of all of your intellectual property rights in your Content. iPoll does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
3.2. Customer Lists. iPoll may identify you (by name and logo) as a iPoll customer on iPoll’s website and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.
3.3. Other IP Claims. iPoll respects the intellectual property rights of others, and we expect our users to do the same. If you believe a iPoll user is infringing upon your intellectual property rights
4.1. iPoll IP. Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content).
4.2. Content Review. You acknowledge that, in order to ensure compliance with legal obligations, iPoll may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, iPoll otherwise has no obligation to monitor or review any content submitted to the Services.
5. Account Management
5.1. Keep Your Password Secure. If you have been issued an account by iPoll in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not iPoll, are responsible for any activity occurring in your account (other than activity that iPoll is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify iPoll immediately. Accounts may not be shared and may only be used by one individual per account.
5.2. Keep Your Details Accurate. iPoll occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
5.3. Customer Success. iPoll may assign you a customer success manager (“CSM”). The CSM may review your use of the Services and your Content to help you to more effectively use the Services, including by providing reporting and usage insight.
6.1. Legal Status. If you are an individual, you may only use the Service if you have the power to form a contract with iPoll. None of the Services are intended for use by individuals less than 18 years old. If you are under 18 years old or do not have the power to form a contract with iPoll, you may not use the Services. We recommend that parents and guardians directly supervise any use of the Services by minors. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms. You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.
7. Acceptable Uses
7.1. Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable law.
7.2. Your Responsibilities. You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
(a) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
- Suspension and Termination of Services
8.1. By You. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.
9.Disclaimers and Limitations of Liability
9.1. Disclaimers. While it is in iPolls interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND iPoll DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
10.1. Who you are contracting with. Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with iPoll.
10.2. iPoll. For any Service provided by iPoll., the following provisions will apply to any terms governing that Service:
- Contracting Entity.References to “iPOll”, “we”, “us”, and “our” are references to iPoll., located in Ghana
- Governing Law.Those terms are governed by the laws of the State of Ghana (without regard to its conflict of law’s provisions).