Terms of Service

1. Acceptance of Terms

By accessing or using PogPoll ("the Service"), operated by PogPoll ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and PogPoll. Your use of the Service constitutes acceptance of these Terms and all applicable laws and regulations.

2. Description of Service

PogPoll is an interactive polling platform that enables content creators, streamers, and users to create, manage, and participate in polls. The Service includes:

• Poll creation and management tools
• Real-time voting and analytics
• Twitch integration and extension functionality
• Monetization features including Twitch Bits and PogCoin
• Payment processing and revenue sharing
• User authentication and account management
• API access and third-party integrations

3. User Accounts and Registration

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms or for any other reason at our sole discretion.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service in a manner that does not infringe upon the rights of others or restrict their use of the Service.

4.2 Prohibited Uses

You agree NOT to:

• Use the Service for any unlawful purpose or to solicit others to perform unlawful acts
• Violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others
• Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• Submit false or misleading information
• Upload or transmit viruses or any other type of malicious code
• Spam, phish, pharm, pretext, spider, crawl, or scrape
• Use the Service for any obscene or immoral purpose
• Interfere with or circumvent the security features of the Service
• Attempt to gain unauthorized access to any portion of the Service
• Use automated systems or software to extract data from the Service
• Create multiple accounts to circumvent restrictions or limitations
• Manipulate or attempt to manipulate poll results through fraudulent means

5. Content and Intellectual Property

5.1 User-Generated Content

You retain ownership of content you create, submit, or post through the Service ("User Content"). By submitting User Content, you grant PogPoll a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the Service.

5.2 Content Standards

User Content must not be illegal, threatening, defamatory, obscene, or otherwise objectionable. We reserve the right to remove any content that violates these standards without notice.

5.3 PogPoll Intellectual Property

The Service and its original content, features, and functionality are owned by PogPoll and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6. Payment Terms and Virtual Currency

6.1 No Refunds Policy

ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. This includes but is not limited to:

• PogCoin purchases made through Stripe
• Twitch Bits used for voting
• Any other virtual currency or payment transactions
• Service fees or subscription charges

By making any payment through the Service, you acknowledge and agree that you will not receive a refund for any reason, including but not limited to:

• Dissatisfaction with poll results
• Technical issues or service interruptions
• Account suspension or termination
• Changes to Service features or functionality
• Content creator non-compliance with poll results
• Any other circumstances whatsoever

6.2 Virtual Currency Terms

PogCoin and other virtual currencies are digital tokens that have no cash value and cannot be exchanged for real money. Virtual currency balances are not insured, guaranteed, or protected by any government agency.

6.3 Payment Processing

Payments are processed through third-party providers including Stripe and Twitch. You agree to comply with their respective terms of service and privacy policies.

7. Poll Results and Content Creator Obligations

7.1 No Guarantee of Poll Implementation

CRITICAL DISCLAIMER: PogPoll is a polling platform only. We do not guarantee, warrant, or require that content creators will follow through with poll results or implement any actions based on poll outcomes.

7.2 Content Creator Independence

Content creators using PogPoll maintain complete independence and discretion regarding their content, actions, and decisions. Poll results are for entertainment and engagement purposes only and do not create any binding obligations on content creators.

7.3 User Acknowledgment

By participating in polls or using virtual currency to vote, you acknowledge and agree that:

• Poll results are advisory only and not binding on content creators
• Content creators may choose to ignore, modify, or not implement poll results
• Your payment for voting does not create any obligation for content creators to follow poll results
• PogPoll has no control over content creator actions or decisions
• You participate in polls at your own risk and discretion

7.4 Limitation of Liability for Poll Outcomes

PogPoll shall not be liable for any consequences, damages, or losses arising from content creators' decisions regarding poll results, including but not limited to:

• Content creators not following poll results
• Content creators implementing poll results in ways users did not expect
• Content creators modifying or changing poll results
• Any disappointment or dissatisfaction with content creator actions
• Any financial losses related to poll outcomes

8. Revenue Sharing and Payouts

8.1 Revenue Split

PogPoll operates on a revenue-sharing model where content creators receive a percentage of revenue generated through their polls. The specific percentage may vary and is subject to change at PogPoll's discretion.

8.2 Payout Terms

Payouts are processed according to our internal policies and may be subject to minimum thresholds, processing fees, and verification requirements. We reserve the right to modify payout terms at any time.

8.3 Tax Obligations

Content creators are solely responsible for reporting and paying any applicable taxes on revenue received through the Service. PogPoll may provide tax documentation as required by law.

9. Third-Party Services and Integrations

9.1 Twitch Integration

The Service integrates with Twitch for authentication, Bits processing, and extension functionality. Your use of Twitch features is subject to Twitch's Terms of Service and Privacy Policy.

9.2 Payment Processors

We use third-party payment processors including Stripe for payment processing. These services are subject to their own terms and conditions, and we are not responsible for their actions or policies.

9.3 Third-Party Liability

PogPoll is not responsible for the actions, content, or services of third-party providers. Your interactions with third-party services are at your own risk.

10. Disclaimers and Limitations of Liability

10.1 Service Availability

The Service is provided "as is" and "as available" without warranties of any kind. We do not guarantee that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POGPOLL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

10.3 Maximum Liability

In no event shall PogPoll's total liability to you for all damages exceed the amount you paid to PogPoll in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

11. Indemnification

You agree to defend, indemnify, and hold harmless PogPoll and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party right, including privacy or intellectual property rights
• Any User Content you submit, post, or transmit through the Service
• Your violation of any applicable law or regulation

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or using account deletion features. Upon termination, your right to use the Service will cease immediately.

12.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

12.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive termination.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be interpreted and governed by the laws of [Jurisdiction], without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization].

13.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and PogPoll individually. You waive any right to participate in class action lawsuits or class-wide arbitration.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

16. Entire Agreement

These Terms constitute the sole and entire agreement between you and PogPoll regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

17. Contact Information

If you have any questions about these Terms of Service, please contact us: