Terms of Service
Last updated: September 2, 2018
About our Terms of Service
The following terms and conditions govern all access to and use of the simplepoll.rocks web application, and service (together, the “Simple Poll Service”) including all content, services and products available at or through the Simple Poll Service.
The Simple Poll Service is owned and operated by Klopp Industries Limited (“Simple Poll”, “we”, “our” or “us”). The Simple Poll Service is offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website (collectively, the “Agreement”).
Please read the Agreement carefully before accessing or using the Simple Poll Service. By accessing or using any part of the Simple Poll Service, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use the Simple Poll Service.
1. Description of the Simple Poll Service
The Simple Poll service allows you to create simple polls inside Slack channels, that all team members can vote on. The topic of what can be voted on is up to you. The responses in polls can be anonymous.
Simple Poll may also, in the future, update current services and/or features or offer new services and/or features to the Simple Poll Service (including, the release of new tools). Such updated or new features and/or services shall be subject to the terms and conditions of the Agreement.
Access to the Simple Poll Service is permitted on a temporary basis. We reserve the right to modify or discontinue offering or updating the Simple Poll Service at any time without notice.
2. No association with Slack
Simple Poll and Slack Technologies Inc, the provider of the Slack communication service, (“Slack”) are different entities. There is no relationship between Simple Poll and Slack, other than Simple Poll being a licensee and user of the Slack API for the purpose of providing the Simple Poll Service. Slack is not responsible for the Simple Poll Service and will not provide support for the Simple Poll Service.
These terms do not apply to your use of the Slack services. Such use is governed by the Slack Terms of Service available on the website slack.com.
In order to use the Simple Poll Service, you must be 16 years of age or older. You must also have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws.
4. Your Simple Poll Account and Personal Data
To use the Simple Poll Service, you must first create a Simple Poll user account (“Simple Poll Account”) by signing into your Slack account on the Website and following any prompts.
You may create a Simple Poll Account in your personal capacity (in which case the terms “you” or “your” apply to yourself only) or on behalf of a company or other legal entity which you have the authority to bind (in which case the terms “you” or “your” shall refer to such entity and all permitted Members and Administrative Users (as defined in the Slack Terms of Service).
You are fully responsible for all activities that occur under your Simple Poll Account and any other actions taken in connection with it, whether by yourself or other users. You must immediately notify Simple Poll of any unauthorized uses and users of your Simple Poll Account or any other breaches of security. Simple Poll will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You may access and use the Simple Poll Service on any of our subscription plans:
- Free Service: This subscription plan allows you to create polls and make basic use of the Simple Poll Service for free; or
- Paid Subscriptions: These Paid Subscriptions allow you to create polls with fewer restrictions and access to a more advanced set of functionality. Different Paid Subscription levels may be available.
5.1 Purchase of Paid Subscriptions
To purchase a Paid Subscription to the Simple Poll Service, you will be required to select a subscription level and provide accurate information regarding your credit card or other payment instrument. You agree to our third party service providers, including Stripe, storing and using your payment card information for the purpose of processing the payment.
You agree to pay Simple Poll all amounts specified in the applicable subscription plan in accordance with the Agreement.
By providing your payment instrument details, you authorise Simple Poll or companies who work on Simple Poll’s behalf, such as payment processors, to bill your payment instrument in advance for the relevant subscription fee on the date you purchase a Paid Subscription to the Simple Poll Service (the “Initial Billing Date”) and on each monthly or annual anniversary (as applicable, depending on your chosen subscription plan) of the Initial Billing Date (the “Subsequent Billing Date(s)”). The Initial Billing Date and any Subsequent Billing Dates are together referred to herein as the “Billing Date(s)”.
The relevant subscription fees:
- shall be payable in the US dollars;
- are, subject to clause 5.4, non-refundable; and
- are exclusive of any applicable sales tax, which shall be added to the bill at the appropriate rate.
- we may, without liability to you, disable your Simple Poll Account and access to all or part of the Simple Poll Services and we shall be under no obligation to provide any or all of the Simple Poll Services; and
- interest shall accrue on a daily basis on such due amounts at an annual rate equal to 3% over the then current base lending rate of HSBC from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
If you dispute any charges you must let Simple Poll know within twenty (20) days after the Billing Date.
We reserve the right to change our prices for the Paid Subscriptions in the future. Price changes for existing Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. If we do change prices, we will provide you with at least one month’s notice of the change on the Website and in an email to you. Your continued use of the Simple Poll Service after the price change becomes effective constitutes your agreement to pay the new price.
5.2. Automatic Renewal
Your Paid Subscription will automatically renew at the end of every month or year (as applicable, depending on your chosen subscription plan) after the Billing Date, unless you cancel your Paid Subscription in accordance with clause 5.4.
5.3 Changes to level of Paid Subscription
Changes to your Paid Subscription level, including the reduction or addition of features and limitations on use of the Simple Poll Services, shall take effect immediately.
5.4. Cancellation of Paid Subscription
You may cancel your Paid Subscription by notifying us at [email protected] The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. Subject to the below paragraph, you will not receive a refund for subscription fees paid to us.
If you are a consumer residing in the European Union, and do not use the Simple Poll Service for business purposes, you have the right to cancel your Paid Subscription and receive a full refund within fourteen (14) days of purchase.
From time to time, Simple Poll may offer trials of a Paid Subscription for a specified period without payment (the “Trial”). Simple Poll reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
For some Trials, Simple Poll will require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to bill you for the Paid Subscription on the first day following the end of the Trial in accordance with clause 5. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your subscription to the Free Service by notifying us at [email protected] before the end of the Trial.
7. Money Back Guarantee
If the Simple Poll Services do not for any reason meet your expectations, you may request that Simple Poll immediately cancel your Paid Subscription and refund all subscriptions fees paid to Simple Poll up until that date, provided that:
- you request the refund from Simple Poll by contacting us at [email protected] within thirty (30) days after the date the Paid Subscription was initially purchased;
- the subject Paid Subscription is the first Paid Subscription for the Simple Poll Services you have purchased (including under a different Simple Poll Account);
- you have fully complied with the terms of the Agreement; and
- you have not upgraded your Paid Subscription.
8. Intellectual Property
We are the owner or the licensee of all intellectual property rights in the Simple Poll Service and in the material published on it. We grant you: a limited, non-exclusive, revocable licence to make use of the Simple Poll Service (excluding the Website) within the limits of the Subscription level you have purchased; and
This license shall terminate when the Agreement terminates in accordance with clause 12.
The Agreement does not transfer any of Simple Poll’s or any of Simple Poll’s licensors’ intellectual property to you. Title to such intellectual property will remain solely with Simple Poll or Simple Poll’s licensors (as applicable).
All Simple Poll trademarks, service marks, trade names, logos, domain names, and any other features of the Simple Poll brand are the sole property of Simple Poll. Your use of the Simple Poll Service grants you no right or license to reproduce or otherwise use any of Simple Poll’s trademarks, service marks, trade names, logos, domain names or any other features of the Simple Poll brand, whether for commercial or non-commercial use.
Polls created by you and your team members from a Slack channel via the Slack services using the Simple Poll Service (“polls”) may contain proprietary and confidential information. By using the Simple Poll Services you grant us the right to transmit and store the information contained in the polls for the purpose of providing the Simple Poll Services and warrant that other team members have also consented to such use by us.
You warrant that you are the creator of, or have the authority from the creator(s) of, all intellectual property rights in the polls and that use of them in the polls by us as contemplated by the Agreement does not violate the terms of the Agreement, applicable law, or the intellectual property rights of others.
You will be liable to us and indemnify us for any loss or damage suffered as a result of your breach of the warranties contained in this clause 9.
10. Third Party Sites
The Simple Poll Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
We reserve the right to change the Agreement at any time for any reason. Any changes we may make to the Agreement in the future will be notified to you by posting an updated version of the Agreement on this page. Your continued use of or access to the Simple Poll Service following the changes to the Agreement constitutes acceptance of those changes.
Simple Poll may terminate the Agreement and suspend your access to all or any part of the Simple Poll Service immediately by contacting you at your email address on record if:
- you commit a breach of the Agreement, as determined by us in our discretion, or we suspect that may be the case; or
- we consider termination necessary to protect the integrity or security of the systems used by us at any time.
If you wish to terminate the Agreement, you must seize usage of the Simple Poll service.
On termination of the Agreement by any party and for any reason all rights granted to you under the Agreement shall cease and you must immediately cease all activities authorised by the Agreement, including your use of the Simple Poll Service.
13. Disclaimer of Warranties
To the maximum extent permitted by law, the Simple Poll Service is provided “as is” and “as available”. Simple Poll hereby disclaim all warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, the warranties of merchantability and fitness for a particular purpose and non-infringement. Simple Poll does not warrant that the Simple Poll Service will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted. You understand that you are using the Simple Poll Service at your own discretion and risk.
The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.
14. Limitation of Liability
In no event will Simple Poll be liable with respect to any subject matter of the Agreement under contract, negligence, strict liability or other legal or equitable claim for: (i) any indirect, special, incidental or consequential loss or damages; (ii) loss of profit, business, revenue, anticipated savings, business opportunity; (iii) the cost of procurement for substitute products or services; or (iv) the cost of interruption of use or loss or corruption of data.
Our maximum aggregate liability under or in connection with the Agreement shall in all circumstances be limited to the fees paid by you to Simple Poll in the one (1) year under this Agreement prior to the cause of action.
Simple Poll shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
15. General Representation and Warranty
You represent and warrant that your use of the Simple Poll Service will be in strict accordance with the Agreement. In particular, you represent and warrant that:
- you will comply with the Slack Terms of Service at all times;
- you will provide us with accurate information (where required);
- you will not use the Simple Poll Service in the event of an emergency;
- you will not use the Simple Poll Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Simple Poll Service;
- you will not infringe our intellectual property rights or those of any third party in relation to your use of the Simple Poll Service;
you will not do any of the following in relation to your use of the Simple Poll Service:
- be obscene, offensive, hateful or inflammatory,
- defame any person,
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
- promote violence,
- promote any illegal activity,
- promote sexually explicit material,
- disclose the name, address, telephone number, e-mail address or any other personal data in respect of any individual without their consent,
- harass, upset, embarrass, threaten, alarm or annoy any other person,
- be likely to mislead or deceive any person,
- impersonate any person, or misrepresent your identity or affiliation with any person,
- contain any advertising or promote any services or web links to other sites;
- you will not use the Simple Poll Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- you will not collect or harvest any information or data from any content or our systems or attempt to decipher any transmissions to or from the servers running the Simple Poll Service.
You agree to indemnify and hold harmless Klopp Industries and its respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Simple Poll Service, including but not limited to your violation of the Agreement.
17. Law and Jurisdiction
The Agreement will be governed by English law. Any dispute arising from, or related to, the Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
The Agreement constitutes the entire agreement between Simple Poll and you concerning the provision of the Simple Poll Services.
The Agreement is between you and us and is not intended to grant rights, including the right to enforce any of its terms, to any other person. Any failure or delay by us to enforce the Agreement or any provision thereof shall not waive our right to do so.
We may transfer our rights and obligations under the Agreement to a third party, but this will not affect your rights under the Agreement.
Each of the terms and conditions of the Agreement operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and will be construed as far as possible to give effect to the parties’ intentions as originally expressed in the Agreement.
If you have any questions, comments or requests regarding the Agreement, please email [email protected] or write to:
Klopp Industries Ltd, 20-22 Wenlock Road, N1 7GU, London, United Kingdom