PollCatch

Terms of Service

Effective Date: January 1, 2026 | Last Updated: January 1, 2026

Welcome to PollCatch. These Terms of Service ("Terms") govern your access to and use of PollCatch's website, services, and embeddable widget platform (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing, browsing, or using PollCatch, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. 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 and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

2. Description of Service

PollCatch provides an embeddable widget platform that enables website owners to collect user feedback, conduct polls, gather ratings, and measure sentiment through various widget types including:

  • Star rating widgets
  • Net Promoter Score (NPS) surveys
  • Poll and voting widgets
  • Reaction and emoji feedback widgets

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must immediately notify PollCatch of any unauthorized use of your account or any other breach of security. PollCatch will not be liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease.

4. Acceptable Use Policy

You agree not to use the Service to:

  • Violate any applicable laws, regulations, or third-party rights
  • Collect, store, or process personal data in violation of privacy laws (including GDPR, CCPA, or other applicable regulations)
  • Transmit any malware, viruses, or other malicious code
  • Attempt to gain unauthorized access to the Service or its related systems
  • Interfere with or disrupt the integrity or performance of the Service
  • Use the Service to send spam, unsolicited messages, or misleading content
  • Engage in any activity that is harmful, fraudulent, deceptive, or offensive
  • Collect feedback or data from minors under the age of 13 (or applicable age of consent) without proper parental consent mechanisms
  • Use the Service for any illegal purpose or in furtherance of illegal activities
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Remove, alter, or obscure any proprietary notices on the Service

5. Intellectual Property Rights

5.1 PollCatch's Intellectual Property

The Service, including all content, features, functionality, software, and trademarks, is owned by PollCatch and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without prior written consent.

5.2 Your Content

You retain ownership of any content you submit, post, or display through the Service ("Your Content"). By submitting Your Content, you grant PollCatch a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display Your Content solely for the purpose of providing and improving the Service.

5.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by PollCatch without any obligation to you. You hereby assign to PollCatch all rights in such feedback.

6. Data Collection and Privacy

6.1 Your Responsibilities

When using PollCatch widgets on your website, you are the data controller for any personal data collected from your end users. You are solely responsible for:

  • Obtaining all necessary consents from your users before collecting their data
  • Providing appropriate privacy notices to your users
  • Complying with all applicable data protection laws
  • Responding to data subject access requests from your users

6.2 Our Role

PollCatch acts as a data processor on your behalf. We process data only as instructed by you and in accordance with our Privacy Policy. We implement appropriate technical and organizational measures to protect the data we process.

7. Service Availability and Support

7.1 Availability

While we strive to maintain high availability, the Service is provided "as is" and we do not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance that temporarily affects Service availability.

7.2 Support

Support is provided as described in your service plan. We reserve the right to modify support offerings at any time.

8. Fees and Payment

Certain features of the Service may require payment. All fees are non-refundable unless otherwise stated. We reserve the right to change our pricing at any time, with notice provided to existing customers before such changes take effect for their accounts.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. POLLCATCH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POLLCATCH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF POLLCATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL POLLCATCH'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO POLLCATCH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless PollCatch and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable laws or third-party rights
  • Any data collected through your use of PollCatch widgets
  • Any claims by your end users relating to their data or privacy

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiations. If such negotiations fail, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with arbitration taking place in Delaware, United States.

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and PollCatch regarding the Service and supersede all prior agreements and understandings.

16. Contact Information

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

PollCatch

Email: legal@pollcatch.com

By using PollCatch, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.