Simpoll Terms of Use

1Your account

1.1. You need an account to create surveys. You must give a valid email address and keep your password confidential. You are responsible for everything done under your account.

1.2. You must be at least 16 years old, or the age of digital consent in your country if it is higher, to create an account.

1.3. Tell us at [email protected] straight away if you believe someone has accessed your account without permission.

1.4. You may stop using the Service at any time. To delete your account and your surveys, email us from the address of your account.

2Plans and payment

2.1. The Service is available on a free plan with limits on the number of surveys, questions, responses and storage. The current limits of each plan are shown on the Pricing page.

2.2. Paid plans on simpoll.com are not on sale yet. When they become available, prices, billing periods and taxes will be shown on the Pricing page and at checkout, and payments will be processed by our payment provider. We do not store full card details.

2.3. A paid plan applies to your whole account for the period you paid for. If you choose automatic renewal, your plan renews at the end of each period at the price shown at checkout until you turn renewal off in your account settings. Turning it off does not shorten a period you have already paid for.

2.4. When a paid plan ends, your account returns to the free plan. Active surveys that exceed the free plan limits are closed, and their results remain available in your account.

2.5. Except where required by law or stated at checkout, payments are not refundable. If you believe you were charged by mistake, contact us at [email protected] and we will look into it.

2.6. We may change prices for future billing periods. We will tell you in advance, and the change will not affect a period you have already paid for.

3Acceptable use

3.1. You may not use the Service to:

• collect passwords, payment card details, government identification numbers or similar sensitive credentials, or impersonate another person or organization (phishing);
• send spam or unsolicited messages, or distribute malware;
• publish content that is illegal, infringes someone else's rights, or promotes violence, hatred or discrimination;
• collect personal data without a lawful basis or without telling respondents how it will be used;
• interfere with the Service, probe it for vulnerabilities without our written permission, or access it by automated means in a way that puts an unreasonable load on it;
• resell or provide the Service to third parties as your own product without our written agreement.

3.2. We may remove content, close surveys or suspend accounts that break these rules, and we may report illegal activity to the authorities. Where reasonable, we will tell you first and give you a chance to fix the problem.

4Your content and respondent data

4.1. You keep all rights to the surveys you create and the responses you collect (Your Content). You give us a limited permission to store, copy, process and display Your Content only as needed to run the Service for you.

4.2. You are responsible for Your Content and for having the right to collect the responses you ask for. If your surveys collect personal data, you decide what is collected and why, and you must give respondents any notices and obtain any consents the law requires. For that data we act on your behalf and on your instructions, as described in our Privacy Policy.

4.3. Surveys you mark as public may be shown to other visitors of the Service. Private surveys are available only to people who have the link (and the survey password, if you set one).

4.4. Keep your own copies of important results. You can export them at any time while your account is active.

5The Service

5.1. We work to keep the Service available and secure, but we do not promise that it will be uninterrupted or error-free. Maintenance, updates and events beyond our control may cause interruptions.

5.2. We may change, add or remove features. If a change significantly reduces what a paid plan includes during a period you have paid for, we will tell you and offer a fair solution, such as a pro-rated refund.

5.3. The Service may contain links to third-party websites and may be embedded on them. We are not responsible for third-party websites.

6Intellectual property

6.1. The Service, its software, design, texts, templates and the simpoll name and logo belong to us or our licensors. Apart from the right to use the Service under these Terms, you get no rights to them.

6.2. If you send us feedback or suggestions, we may use them without any obligation to you.

7Disclaimers

7.1. The Service is provided as is and as available. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee any particular number or quality of survey responses.

8Limitation of liability

8.1. To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from your use of the Service.

8.2. Our total liability for any claim related to the Service is limited to the greater of the amount you paid us in the 12 months before the claim and 100 US dollars.

8.3. Nothing in these Terms limits liability that cannot be limited by law, or the rights you have as a consumer under the mandatory laws of your country.

9Suspension and termination

9.1. You may stop using the Service and ask us to delete your account at any time.

9.2. We may suspend or close your account if you seriously or repeatedly break these Terms, if the law requires it, or if your use of the Service puts other users or the Service at risk.

9.3. Sections 4, 6, 7, 8 and 10 continue to apply after your account is closed.

10Governing law and disputes

10.1. These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law rules. If you are a consumer in the European Union, the United Kingdom or another country whose laws give you mandatory protection, you also keep that protection.

10.2. If you have a problem with the Service, please contact us first at [email protected]: most issues can be resolved quickly and informally.

11Changes to these Terms

11.1. We may update these Terms. The date of the current version is shown at the top. If a change is significant, we will notify you by email or on the website before it takes effect. If you keep using the Service after the change takes effect, you accept the updated Terms.

12Contact

12.1. Questions about these Terms: [email protected] or our contact form.