Effective Date: June 13, 2026
Last Updated: June 13, 2026
PLEASE READ THESE TERMS CAREFULLY. Section 18 (Dispute Resolution; Binding Arbitration) contains a binding arbitration provision, a class-action waiver, and a jury-trial waiver that affect your legal rights. They require you to resolve disputes with PogPoll on an individual basis through binding arbitration, unless you opt out within 30 days as described in Section 18.7. Section 14 limits our liability to you.
These Terms of Service ("Terms") govern your access to and use of PogPoll (the "Service"), an interactive polling platform. The Service is operated by an individual doing business as "PogPoll" ("PogPoll," "we," "our," or "us"). By accessing, browsing, registering for, or otherwise using the Service, you ("you," "your," or "user") agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.
These Terms constitute a legally binding agreement between you and PogPoll. If you do not agree to these Terms, you must not access or use the Service. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to both you and that organization.
You agree that by clicking to accept, registering for an account, or using the Service, you are entering into a legally binding electronic contract, and you consent to transact with us electronically.
You must be at least 13 years of age to access or use the Service. The Service is not directed to, and we do not knowingly permit, anyone under 13 years of age to use the Service. This minimum age aligns with the requirements of Twitch and other platforms with which we integrate.
You must be at least 18 years of age, or the age of majority in your jurisdiction (whichever is greater), to make any purchase or payment through the Service, including but not limited to purchasing Poggles, spending Twitch Bits, purchasing or maintaining a PogPoll Pro subscription, or receiving payouts. If you are between 13 and the applicable age of majority, you may use the free features of the Service only with the involvement, consent, and supervision of a parent or legal guardian, and a parent or legal guardian must make or authorize any payment on your behalf and accept these Terms.
You represent and warrant that you have the legal capacity to enter into these Terms, that you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction, and that your use of the Service complies with all applicable laws and regulations. We may, at any time, request age verification and may suspend or terminate accounts that do not meet these requirements.
PogPoll is an interactive polling platform that enables content creators, streamers, and viewers to create, manage, and participate in polls. The Service may include, without limitation:
We may add, modify, suspend, or discontinue any feature of the Service, in whole or in part, at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service or any feature.
To use certain features of the Service, you must create an account, either directly or by linking a third-party account such as Twitch. You agree to provide accurate, current, and complete information during registration and to keep that information up to date. You may not impersonate any person or entity or misrepresent your affiliation with any person or entity.
You are responsible for safeguarding your account credentials and for all activities that occur under your account, whether or not authorized by you. You agree to notify us immediately at the contact address below of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your credentials.
You may not create or maintain multiple accounts to abuse, defraud, or circumvent the Service, its limits, restrictions, or any suspension or termination. You may not sell, transfer, or assign your account or any account rights without our prior written consent.
We reserve the right to suspend, restrict, or terminate your account or access to the Service at any time, with or without notice, for any violation of these Terms, for suspected fraud or abuse, to comply with law, or to protect the Service or other users.
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 or inhibit their use of the Service.
You agree NOT to:
We may investigate and take appropriate action, including removing content, suspending or terminating accounts, reversing transactions, withholding payouts, and reporting to law enforcement, against anyone who, in our sole discretion, violates this policy.
You retain ownership of content you create, submit, post, or transmit through the Service ("User Content"). By submitting User Content, you grant PogPoll a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, providing, promoting, and improving the Service. This license continues for any User Content that you have shared publicly or with others who have not deleted it, and for backups and records retained as described in our Privacy Policy.
You represent and warrant that you own or have all necessary rights to your User Content and that your User Content does not violate these Terms or any third-party rights.
User Content must not be illegal, threatening, defamatory, obscene, infringing, or otherwise objectionable, and must not violate the Acceptable Use Policy. We reserve the right (but undertake no obligation) to review, monitor, screen, or remove any User Content at any time and for any reason, without notice.
The Service and its original content, features, functionality, software, designs, text, graphics, logos, and trademarks (including "PogPoll," "Poggles," and "Poggy") are owned by PogPoll or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from any part of the Service.
If you submit suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit that feedback for any purpose, without any obligation or compensation to you.
We respect the intellectual property rights of others and respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA"). If you believe content on the Service infringes your copyright, please send a written notice to our designated agent at legal@pogpoll.com (subject line: "DMCA Notice") that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on the owner's behalf. We may remove allegedly infringing material and terminate the accounts of repeat infringers.
Poggles (also referred to as Pogpoll Coins), Twitch Bits used within the Service, paid poll actions, and any other virtual items or currency (collectively, "Virtual Items") are limited, personal, revocable, non-transferable, non-sublicensable licenses to access features of the Service. Virtual Items are not your personal property, have no monetary or cash value, are not a bank deposit or other monetary instrument, and are not redeemable for cash or any other thing of value except as expressly stated or required by applicable law. You have no ownership or property interest in Virtual Items.
We may, in our discretion and to the extent permitted by law, manage, regulate, control, modify, suspend, or eliminate Virtual Items at any time, including by adjusting their availability, pricing, or "exchange rate" to votes or actions, with or without notice, and we will have no liability for doing so. Virtual Items may expire and are not insured, guaranteed, or protected by any government agency or deposit-insurance program.
The Service is an entertainment and audience-engagement platform. Purchasing or spending Virtual Items to cast votes or trigger poll actions is a purchase of a service or digital feature and is not a wager, bet, lottery, sweepstakes, or game of chance. Outcomes are not determined by chance, and you are not eligible to win money or prizes by purchasing or spending Virtual Items. Votes and actions do not guarantee any particular outcome.
Prices for Virtual Items, subscriptions, and other paid features are displayed at the point of purchase and may change at any time. You are responsible for all applicable taxes, fees, and charges associated with your purchases. By providing a payment method, you authorize us and our payment processors to charge that payment method for all amounts due, including recurring charges as described in Section 9.
Except as required by applicable law or as expressly stated in these Terms, all purchases and payments are final and non-refundable, and all Virtual Items are non-refundable and non-exchangeable once delivered to your account. This includes, without limitation, Poggle purchases, Twitch Bits used for voting or actions, paid poll actions, subscription charges, and service fees. By making a purchase, you acknowledge and agree that you are not entitled to a refund for reasons including, without limitation:
Nothing in these Terms limits any non-waivable statutory right you may have, including any mandatory withdrawal, cancellation, or refund rights under the consumer-protection laws of your jurisdiction (such as, where applicable, the right of withdrawal under EU/UK consumer law for digital content not yet delivered). Where such rights apply and have not been validly waived, we will honor them. We may, in our sole discretion, issue refunds, credits, or replacements on a case-by-case basis, which does not entitle you or anyone else to any future refund.
If you believe a charge is incorrect, you agree to contact us first before initiating a chargeback or payment dispute with your bank, card issuer, or payment provider. Initiating a chargeback or dispute for a legitimate transaction may be treated as a breach of these Terms. We reserve the right to dispute and recover any chargeback, to suspend or terminate your account, to revoke Virtual Items or features obtained through a disputed transaction, to offset amounts owed against your balances or future payouts, and to recover associated costs and fees.
Payments are processed by third-party providers, including Stripe and Twitch. Your use of those payment features is also subject to their respective terms and privacy policies. We do not store full payment-card numbers. We are not responsible for the acts, omissions, errors, or policies of payment processors, and your use of them is at your own risk.
IMPORTANT DISCLAIMER: PogPoll is a polling and engagement platform only. We do not guarantee, warrant, or require that content creators will follow through with poll results or take any action based on poll outcomes.
Content creators using PogPoll maintain complete independence and discretion over their content, actions, and decisions. Poll results are advisory and for entertainment and engagement purposes only, and do not create any binding obligation on content creators or on PogPoll.
By participating in polls or using Virtual Items to vote or trigger actions, you acknowledge and agree that:
To the maximum extent permitted by law, PogPoll is not liable for any consequences, damages, or losses arising from content creators' decisions regarding poll results, including a creator not following, partially following, modifying, or changing poll results; any disappointment or dissatisfaction; or any financial loss related to poll outcomes.
PogPoll Pro is a paid subscription that provides access to additional features and a monthly allotment of subscriber Poggles. PogPoll Pro is a recurring, automatically renewing subscription. When you subscribe, you authorize us and our payment processor to charge your payment method the then-current subscription fee, plus applicable taxes, on a recurring basis (e.g., monthly) at the start of each billing period, until you cancel. Your subscription will automatically renew for successive billing periods unless you cancel before the end of the current period.
You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period; you will retain Pro access until then, and you will not be charged for subsequent periods. Except as required by applicable law, fees already charged are not refundable, and we do not provide refunds or credits for partial billing periods or unused subscriber Poggles.
Subscriber Poggles granted as part of PogPoll Pro are Virtual Items subject to Section 7. They are made available up to a stated monthly limit, are spent before purchased Poggles, do not roll over between billing periods unless we state otherwise, and are forfeited upon cancellation, expiration, or termination, except as required by applicable law.
We may change subscription prices and the features included in PogPoll Pro. We will provide advance notice of any price increase as required by applicable law, and price changes take effect at your next billing period after notice. If you do not agree to a price change, you may cancel before it takes effect. Your continued subscription after a price change takes effect constitutes acceptance of the new price.
If we offer a free trial or promotional rate, the terms presented at sign-up apply. Unless you cancel before the trial or promotional period ends, you authorize us to charge the then-current fee when it ends. We may modify or withdraw trials and promotions at any time.
PogPoll operates a revenue-sharing model under which eligible content creators may receive a percentage of qualifying revenue generated through their polls. The applicable percentage and the categories of qualifying revenue are determined by us, may vary by feature or program, and are subject to change at our discretion upon reasonable notice. Revenue share accrues only after a transaction is completed, settled, and free of dispute.
Payouts are processed through third-party providers, including Stripe Connect. To receive payouts, you must create and maintain a connected payout account, provide accurate identity, banking, and tax information, and complete any identity-verification (KYC) and onboarding requirements. Payouts may be subject to minimum thresholds, processing schedules, holding periods, verification, fraud review, and processing fees. We may withhold, delay, reverse, or offset payouts to address suspected fraud, chargebacks, errors, disputes, refunds, violations of these Terms, or amounts you owe us.
You are solely responsible for determining, reporting, and paying all taxes applicable to amounts you receive through the Service. You agree to provide accurate tax documentation (such as a Form W-9 or W-8) upon request. We and our payment processors may collect tax information and issue tax forms (such as a Form 1099) and may withhold amounts as required by law.
We do not guarantee any level of revenue, earnings, or payout. Participation in revenue sharing does not create an employment, partnership, agency, or joint-venture relationship between you and PogPoll. You are an independent participant responsible for your own conduct, content, and legal and tax obligations.
If we provide access to our application programming interface ("API"), webhooks, embeddable poll displays, or developer tools, we grant you a limited, non-exclusive, non-transferable, revocable license to use them solely to integrate with the Service in accordance with these Terms and any applicable documentation. You are responsible for keeping your API keys, secrets, and credentials confidential and for all activity conducted using them. You must promptly notify us of any unauthorized use.
You agree to comply with all rate limits, scopes, quotas, and technical requirements we set, and not to use the API to: exceed authorized scopes; collect, store, or use data beyond what is necessary for your integration or beyond what users have authorized; build a competing product; circumvent Service limits; or transmit malicious code. You must secure any data you obtain through the API and comply with all applicable laws, including data-protection and privacy laws, with respect to that data.
We may modify, rate-limit, suspend, revoke, or discontinue the API, webhooks, or any keys at any time, with or without notice, including to protect the Service or to address suspected misuse. The API is provided "as is," without warranty and without any service-level commitment. We are not liable for any loss arising from your use of, or inability to use, the API, webhooks, or integrations.
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, Developer Agreement, and Privacy Policy. Twitch is not a sponsor of, and is not responsible for, the Service. We are not affiliated with or endorsed by Twitch Interactive, Inc., and "Twitch" is a trademark of its owner.
We rely on third-party providers, including Stripe for payment processing and payouts and infrastructure and analytics providers to operate the Service. These services are governed by their own terms and policies, and we are not responsible for their acts, omissions, or policies.
PogPoll is not responsible for the actions, content, products, or services of third parties. Your interactions with third-party services are solely between you and the third party, and are at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL VIRTUAL ITEMS, CONTENT, AND FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
We may offer features identified as beta, preview, or experimental. Such features are provided for evaluation, may be changed or withdrawn at any time, may not operate correctly, and are provided without any warranty or support.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POGPOLL AND ITS OWNER, OPERATORS, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF POGPOLL FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO POGPOLL IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence. The limitations in this Section reflect a reasonable allocation of risk and form an essential basis of the bargain between you and PogPoll.
You agree to defend, indemnify, and hold harmless PogPoll and its owner, operators, employees, contractors, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.
You may stop using the Service and terminate your account at any time through available account features or by contacting us. If you have an active subscription, cancellation is governed by Section 9.
We may suspend or terminate your account or access to the Service immediately, with or without notice or liability, for any reason, including if you breach these Terms, if we suspect fraud or abuse, or if we are required to do so by law.
Upon termination, your right to use the Service ceases immediately, and any Virtual Items, balances, or unredeemed amounts may be forfeited to the extent permitted by law. Provisions that by their nature should survive termination — including ownership, Virtual Item terms, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law — survive termination.
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-law principles. Subject to the arbitration provision in Section 18, you agree that any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. It requires you and PogPoll to resolve most disputes through individual binding arbitration rather than in court, and waives your right to a jury trial and to participate in class actions. You may opt out within 30 days (Section 18.7).
Before starting an arbitration or any proceeding, you agree to first contact us at legal@pogpoll.com with a written description of the dispute and the relief you seek, and to give us at least 30 days to resolve it informally and in good faith. This requirement does not apply to claims that may be brought in small-claims court or claims for injunctive relief regarding intellectual property.
Except for the excluded claims below, you and PogPoll agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court to prevent the actual or threatened infringement or misuse of intellectual property or unauthorized access to the Service.
The arbitration will be conducted in the English language. Unless the parties agree otherwise, the seat of arbitration will be in California, and proceedings may be conducted by videoconference or, for claims under the applicable threshold, on the basis of documents only. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court decides questions about the enforceability of the class-action waiver in Section 18.6. Allocation of arbitration fees is governed by the AAA rules and applicable law.
To the extent any dispute proceeds in court rather than arbitration, you and PogPoll each waive any right to a trial by jury.
You and PogPoll agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request shall be severed and resolved in court, while the remaining claims proceed in arbitration.
You may opt out of this arbitration agreement (Sections 18.2–18.6) within 30 days after first accepting these Terms by sending written notice to legal@pogpoll.com with the subject line "Arbitration Opt-Out," including your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms and will not affect any prior or separate arbitration agreement.
This Section survives termination of these Terms and your account. If any part of this Section (other than the class-action waiver) is found unenforceable, the remainder will continue to apply.
We may modify these Terms at any time. If we make material changes, we will provide reasonable notice — for example, by posting the updated Terms with a new "Last Updated" date, by email, or by a notice within the Service — and, where required, at least 30 days before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, pandemics, power or internet failures, or failures or acts of third-party providers (including hosting, payment, and platform providers).
You may not assign or transfer these Terms or your rights under them without our prior written consent, and any attempt to do so is void. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.
If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision, and any waiver must be in writing to be effective.
By using the Service, you consent to receive communications from us electronically, including by email and by notices posted within the Service. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.
Except as expressly stated (for example, third-party providers such as Twitch identified as non-responsible parties), these Terms do not create any third-party beneficiary rights.
These Terms, together with our Privacy Policy and any additional terms you agree to for specific features, constitute the entire agreement between you and PogPoll regarding the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties.
If you have any questions about these Terms, please contact us:
Email: legal@pogpoll.com
Website: https://pogpoll.com
Response Time: We aim to respond to legal inquiries within 5 business days.
These Terms of Service are effective as of June 13, 2026 and remain in effect except with respect to any future changes to their provisions, which take effect as described in Section 19.