Description of the Service

The Advanced Poll Service allows you to create polls inside slack channels, that all channel members can interact with. The topic of what can be voted on is up to you. Customizations of your poll include the following options (a paid subscription may be required).

The responses in polls can be anonymous. Polls can be scheduled. Team members can have the option to add answer options to a published poll. Simultaneous votes on a poll may be limited. A poll can be closed after publication, which leads to it showing the result and not beeing votable anymore.

Advanced Poll may also, in the future, update current features or offer new features to the Advanced Poll Service (including, the release of new tools). Such updated or new features shall be subject to the terms and conditions of the Agreement.

Access to the Advanced Poll Service is permitted on a temporary basis. We reserve the right to modify or discontinue offering or updating the Advanced Poll Service at any time without notice.

Capacity

In order to use the Advanced 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.

Advanced Poll Account and Personal Data

To use the paid version of the Advanced Poll Service, you must first create a Advanced Poll user account (“Advanced Poll Account”) by signing into your Slack account on the Website and following any prompts.

You may create a Advanced 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).

By signing into your Slack account on the Website, you grant us access to and permission to process personal data in your Slack account. The processing of your personal data is subject to our Privacy Policy which is hereby incorporated by reference.

You are fully responsible for all activities that occur under your Advanced Poll Account and any other actions taken in connection with it, whether by yourself or other users. You must immediately notify Advanced Poll of any unauthorized uses and users of your Advanced Poll Account or any other breaches of security. Advanced 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.

Subscriptions

You may access and use the Advanced Poll Service on any of our subscription plans:

1. Free Service: This subscription plan allows you to create polls and make basic use of the Advanced Poll Service for free; or
2. 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.

You may only use the Advanced Poll Service within the limits of your subscription level. You may upgrade your subscription level.

Purchase of Paid Subscriptions

To purchase a Paid Subscription to the Advanced Poll Service, you will be required to select a subscription level and provide accurate information regarding your billing address, credit card or other payment instrument and, if applicable, tax inforation. 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 Advanced Poll all amounts specified in the applicable subscription plan in accordance with the Agreement.

By providing your payment instrument details, you authorise Advanced Poll or companies who work on Advanced Poll’s behalf, such as payment processors, to bill your payment instrument for the relevant subscription fee starting on the date you purchase a Paid Subscription to the Advanced Poll Service and then on intervals of one month or year (the “Billing Date(s)”; as applicable, depending on your chosen subscription plan).

The relevant subscription fees:

• shall be payable in Euro;
• non refundable; and
• are exclusive of any applicable sales tax, which shall be added to the bill at the appropriate rate.

If, for any reason, we are unable to bill your payment instrument or process the payment of the relevant subscription fee within thirty (30) days of the Billing Date, and without prejudice to any of our other rights and remedies:

• we may, without liability to you, disable your Advanced Poll Account and access to all or part of the Advanced Poll Services and we shall be under no obligation to provide any or all of the Advanced 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 Advanced Poll know within fourteen (14) 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 Advanced Poll Service after the price change becomes effective constitutes your agreement to pay the new price.

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.

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 Advanced Poll Services, shall take effect immediately.

Changes between levels of Paid Subscription

Changes between Paid Subscription levels shall take effect immediately. The remaining time of the current term will be taken into account for the next invoice; possible residues expire afterwards. Interim credit memos are not refundable.

Cancellation of Paid Subscription

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. You will not receive a refund for subscription fees paid to us.

Trials

From time to time, Advanced Poll may offer trials of a Paid Subscription for a specified period without payment (the “Trial”). Advanced 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.

Intellectual Property

Polls created by you and your team members from a Slack channel via the Slack services using the Advanced Poll Service (“polls”) may contain proprietary and confidential information. By using the Advanced Poll Services you grant us the right to transmit and store the information contained in the polls for the purpose of providing the Advanced 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.

Termination

Advanced Poll may terminate the Agreement and suspend your access to all or any part of the Advanced Poll Service immediately by contacting you at your email address on record if:

1. you commit a breach of the Agreement, as determined by us in our discretion, or we suspect that may be the case; or
2. 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 Advanced 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 Advanced Poll Service.

Disclaimer of Warranties

To the maximum extent permitted by law, the Advanced Poll Service is provided “as is” and “as available”. Advanced 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. Advanced Poll does not warrant that the Advanced 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 Advanced 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.

Limitation of Liability

In no event will Advanced Poll be liable with respect to any subject matter of the Agreement under contract, negligence, strict liability or other legal or equitable claim for:

1. any indirect, special, incidental or consequential loss or damages;
2. loss of profit, business, revenue, anticipated savings, business opportunity;
3. the cost of procurement for substitute products or services; or
4. 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 Advanced Poll in the one (1) year under this Agreement prior to the cause of action.

Advanced 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.

Indemnification

You agree to indemnify and hold harmless Advanced Poll 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 Advanced Poll Service, including but not limited to your violation of the Agreement.

Miscellaneous

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.

Changes To These Terms of Service

We may update our Terms of Service from time to time. We will notify you of any changes by posting the new Terms of Service on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective.

Changes to these Terms of Service are effective when they are posted on this page.

Contact Us

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

• By email:
• By using the contact form on our website: www.advancedpoll.rocks/#contact