Terms of Use

Introduction

Welcome to Pollchat These Terms of Use (“Terms”) govern your use of Pollchat, an application developed by Jobifynn Technologies Private Limited. By accessing or using our application, you agree to be bound by these Terms. If you do not agree with these Terms, do not access or use our application.

  1. Terms of Service
    1. Services Provided: Pollchat provides a platform for live polling, direct messaging (DMs), creating Moments, and engaging in various interactive activities globally.
    2. Permissions: By using Pollchat, users grant us permission to access their location, contacts, and other necessary data to provide the services effectively.
    3. Intellectual Property: By using our platform, you acknowledge that Pollchat retains exclusive ownership of all intellectual property rights associated with the platform, including patents, copyrights, trademarks, trade secrets, ideas, concepts, know-how, documentation, software, designs, and the overall user interface. This includes any data, trends, analyses, metadata, or other information derived from the platform. You grant Pollchat perpetual and unrestricted permission to reproduce, distribute, create derivative works of, modify, publicly display, communicate to the public, and otherwise use and exploit any content you submit, such as polls and messages, solely for the purpose of operating and improving the platform. Additionally, Pollchat may freely use any feedback, suggestions, or comments you provide to enhance our services. We enforce restrictions on usernames that infringe on trademarks or are owned by others. Users are prohibited from submitting any content that violates third-party intellectual property rights, and you are responsible for ensuring ownership or obtaining necessary permissions for all submitted content.
    4. Limits of Liability: To the maximum extent permitted by applicable law, the Pollchat entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorized access, use or alteration of your transmissions or content.
    5. Disputes: Any disputes between users and Pollchat will be governed by the laws of [Jurisdiction], without regard to its conflict of law provisions.
  2. Community Guidelines
    1. Violence and Criminal Behavior
  1. Selling Restricted Goods and Services: Users must not use Pollchat to facilitate the sale or exchange of illegal or restricted goods and services.
  2. Fraud and Deception: Users must not engage in fraudulent activities or deception, including phishing, impersonation, or misleading content.
  3. Coordinating and Promoting Crime: Users must not use Pollchat to coordinate or promote criminal activities, including but not limited to terrorism, drug trafficking, or organized violence.
  1. Fees and Payments
    1. Fees for Services
  1. The use of basic services on Pollchat is currently free.
  2. Certain premium features or services may require payment. Details of such fees will be clearly indicated.
  1. Subscriptions

If you subscribe to premium services, you agree to pay the applicable fees as described at the time of subscription.

  1. Taxes

You are responsible for paying any applicable taxes related to your use of our services, excluding taxes based on our net income.

  1. Price Changes

Jobifynn Technologies Private Limited reserves the right to change the prices for premium services at any time. Changes will be effective upon notice provided to you.

  1. Response Overage Fees

Additional fees may apply if your usage exceeds the allocated limits for certain features. You will be notified of such fees beforehand.

  1. Privacy
    1. Privacy

Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and protect your personal data.

  1. Confidentiality

While using Pollchat, you may have access to confidential information. You agree to maintain the confidentiality of such information and not disclose it without authorization.

  1. Security

We implement security measures to protect your information and ensure the integrity of our services. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures.

  1. Safety 
    1. Adult Sexual Exploitation: Pollchat prohibits any content that exploits or endangers adults sexually.
    2. Bullying and Harassment: Users must not engage in bullying, harassment, or threatening behavior towards others.
    3. Human Exploitation, Suicide, Self-Injury, and Health: Users must not promote or encourage self-injury, suicide, or any form of human exploitation.
    4. Privacy Violations: Users must respect other’s privacy and not post or share private or confidential information without permission.
    5. Child Abuse and Nudity: Pollchat does not tolerate child abuse or exploitation, including any form of child nudity.
  2. Your Content
    1. You Retain Ownership of Your Content

You retain ownership of any content you create, upload, or share on Pollchat.

  1. Limited License to Your Content

By uploading or sharing content, you grant Jobifynn Technologies Private Limited a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for the purpose of operating and improving Pollchat.

  1. Representations and Warranties

You represent and warrant that you have all necessary rights to grant the licenses and permissions described in these Terms, and that your content does not infringe or violate any third-party rights.

  1. Responsibility for Your Content

You are solely responsible for the content you create, upload, or share on Pollchat, and for any consequences arising from such content.

6.5   Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. 

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Pollchat be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Services or broadcast elsewhere.

  1. Restricted Content
    1. Hate Speech: Pollchat prohibits hate speech, including content that promotes violence, discrimination, or hatred against individuals or groups based on attributes such as race, ethnicity, religion, disability, gender, age, veteran status, or sexual orientation.
    2. Violent and Graphic Content: Users must not post or share violent or graphic content that promotes or glorifies violence or harm.
    3. Sexually Explicit Language: Pollchat prohibits sexually explicit language or content that is inappropriate or offensive.
    4. Adult Nudity and Activities: Users must not share adult nudity or engage in explicit sexual activities on Pollchat.
    5. Respecting Intellectual Property: Users must respect copyright laws and intellectual property rights. Users should not post or share content that infringes on these rights.
    6. Additional Protection for Minor Users: Pollchat implements additional safeguards to protect minor users, including stricter privacy controls and content moderation.
  1. Integrity and Authenticity
    1. No Fake Profiles: Users must not create fake profiles or misrepresent themselves on Pollchat.
    2. Spam: Users must not engage in spamming activities, including sending unsolicited messages or promoting unrelated products or services.
    3. Misinformation: Users must not spread false information or misinformation that could mislead others.
    4. Cybersecurity: Users must not engage in activities that compromise the security or integrity of Pollchat or its users, including hacking or phishing.
    5. Inauthentic Behavior: Users must not engage in inauthentic behavior, such as artificially boosting engagement metrics or manipulating trends.
  1. IP Claims
    1. Copyright Notices or Equivalents

We respect intellectual property rights. If you believe your intellectual property rights have been infringed upon, please follow our Notice procedures, as per the Copyright Act of 1957, as outlined in our Copyright Policy.

  1. Other IP Claims

For other intellectual property claims, please contact us using the information provided in these Terms.

  1. Pollchat IP
  1. Ownership: These Terms do not grant you ownership in Pollchat or the content accessible through it (other than your own content).
  2. Trademarks: You are not permitted to use Pollchat’s trademarks or brand elements without explicit permission, except as allowed by our Brand and Trademark Use Policy.
  3. Feedback: Any feedback or suggestions you provide to us regarding our services may be used and shared by us without any obligation to compensate you.
  1. Third Party Resources and Services

Pollchat may include links to third-party websites or services. We are not responsible for the availability or accuracy of such external resources, nor do we endorse them. Your use of third-party resources is at your own risk.

  1. Account Management
    1. Keep Your Password Secure

You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.

  1. Keep Your Email and Account Details Accurate

Ensure that your contact information and account details are accurate and up-to-date.

  1. Remember to Backup

Regularly back up any important content or data you store on Pollchat.

  1. Account Inactivity

Jobifynn Technologies Private Limited reserves the right to suspend or terminate inactive accounts.

  1. User Requirements
    1. Legal Status

You must have the legal capacity to enter into these Terms and use Pollchat in compliance with applicable laws.

  1. Minors

Pollchat is not intended for individuals under the age of 12. Minors may only use Pollchat under parental or legal guardian supervision.

  1. Export Control

You agree to comply with all export laws and restrictions applicable to the software and technology used in Pollchat.

  1. Compliance with Laws

You agree to use Pollchat in compliance with all applicable laws, regulations, and third-party rights.

  1. Acceptable Uses Policy

You agree to use Pollchat only for lawful purposes and in accordance with these Terms and any applicable policies or guidelines provided by Jobifynn Technologies Private Limited.

  1. PCI Compliance
    1. PCI Standards

Jobifynn Technologies Private Limited complies with PCI-DSS standards for handling payment information.

  1. Cardholder Data

We do not store or process cardholder data ourselves. Payment transactions are handled by third-party payment processors.

  1. Suspension, Account Closure, and Termination of Services
    1. By You

You may terminate your account at any time by following the account closure procedures provided.

  1. By Pollchat 

Jobifynn Technologies Private Limited reserves the right to suspend, close, or terminate your access to Pollchat if you violate these Terms or if we determine that such action is necessary to protect the integrity and security of our platform.

  1. Account Suspension or Termination: We reserve the right to suspend or terminate user accounts that violate our Terms of Service or Community Guidelines without prior notice.
  1. Changes and Updates
    1. Changes and Updates

We may update these Terms from time to time. Changes will be effective upon posting the updated Terms on Pollchat.

  1. Changes to Services

Jobifynn Technologies Private Limited reserves the right to modify or discontinue any aspect of Pollchat at any time without notice.

  1. Downgrades

If Jobifynn Technologies Private Limited makes material changes to Pollchat that negatively impact your use of the service, you may request a downgrade or termination of services as applicable.

  1. Disclaimers, Limitations of Liability, and Indemnification
    1. Disclaimers

Pollchat is provided “as is” without warranties of any kind, express or implied.

  1. Exclusion of Certain Liability

Jobifynn Technologies Private Limited shall not be liable for any indirect, incidental, consequential, special, or punitive damages.

  1. Limitation of Liability

Jobifynn Technologies Private Limited’s total liability arising out of or in connection with these Terms shall not exceed the amount paid by you (if any) for the use of Pollchat in the past 12 months.

  1. Indemnification

You agree to indemnify and hold harmless Jobifynn Technologies Private Limited and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with your use of Pollchat or your violation of these Terms.

  1. Contracting Entity
    1. Who you are contracting with

You are contracting with Jobifynn Technologies Private Limited.

  1. Pollchat.

Jobifynn Technologies Private Limited operates Pollchat under the legal entity of Jobifynn Technologies.

  • Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of India without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of India.

The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in India, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

  1. Other Terms
    1. Assignment

You may not assign or transfer these Terms or your rights under these Terms without the prior written consent of Jobifynn Technologies Private Limited.

  1. Customer Lists

By using Pollchat, you agree that Jobifynn Technologies Private Limited may identify you as a customer of Pollchat.

  1. Entire Agreement

These Terms constitute the entire agreement between you and Jobifynn Technologies Private Limited regarding your use of Pollchat.

  1. Independent Contractors

Nothing in these Terms shall be construed as creating a partnership, joint venture, employment, or agency relationship between you and Jobifynn Technologies Private Limited.

  1. Interpretation

The headings and titles in these Terms are for convenience only and do not affect the interpretation of these Terms.

  1. Language

These Terms may be translated into other languages for your convenience. In the event of any conflict between the translated version and the English version, the English version shall prevail.

  1. No Waiver

The failure of Jobifynn Technologies Private Limited to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

  1. Severability

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

  1. Third Party Beneficiaries

These Terms do not confer any rights or remedies upon any person other than you and Jobifynn Technologies Private Limited.

  1. Survival

Sections such as Disclaimers, Limitations of Liability, Indemnification, and others that by their nature should survive termination will survive any termination or expiration of these Terms.

  1. Terms for Certain Customers

Certain customers may have additional terms or agreements with Jobifynn Technologies Private Limited that supplement or modify these Terms.

  1. Terms for Pollchat API

Pollchat may provide access to its API subject to separate terms and conditions.

  • Acceptance of these Terms of Services

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Pollchat or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Pollchat and its Services.

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