Terms of Service

Poll Maker is a registered business name of My Plaza Pty Ltd (ABN 58 110 054 245), an Australian company with its office at Suite 1, Ground Floor, Enterprise 1, Innovation Campus UOW, Squires Way, North Wollongong NSW 2500, Australia. In these terms, "we", "us" and "our" mean My Plaza Pty Ltd.

These terms are a binding contract between you and us. They cover your use of poll-maker.com and its subdomains, our poll, survey, quiz, form and scheduling tools, the polls and widgets you embed in other websites, our API and integrations, our survey question library, and any related support. Together we call all of that the Services.

You accept these terms when you create an account, start a trial or subscription, publish a poll, survey, quiz or form, or otherwise use the Services. If you do not accept them, please do not use the Services.

If you are agreeing on behalf of a company, school, government body or other organisation, you confirm that you have authority to bind it, and "you" means that organisation.

Other documents that form part of this agreement

Our Security and Privacy Policy and our Acceptable Use Policy form part of these terms. If you have signed a separate written agreement with us, such as an enterprise agreement, order form or data processing agreement, that document applies first and these terms cover anything it does not.

Account

The account you register to create, manage or report on polls, surveys, quizzes, forms and scheduling polls.

Creator

The account holder who builds and publishes a poll, survey, quiz or form.

Respondent

A person who votes in a poll, or opens or answers a survey, quiz, form or scheduling poll made with the Services.

Response

A completed vote or submission that passes our security and spam checks.

Your Content

Everything you upload, create or submit through the Services: questions, answer options, images, media, branding, themes, custom code, imported files, and the settings around them.

Respondent Data

Votes, answers and form entries collected from Respondents, together with the technical records we keep to deliver and protect them, such as IP address, approximate location, device details and timing.

Subscription

A paid plan you buy on a monthly or annual cycle, including a trial that converts into one.

Allowance

The number of survey and quiz Responses your plan includes each month. Poll votes never count toward it.

To create polls you can work without an account, but to keep, manage and report on them over time you need one. You can register with an email address and password, or sign in through a supported provider such as Google or Facebook. When you register you agree to:

• give accurate information about yourself or your organisation, and keep it up to date;
• use an email address you control, because that is where we send billing notices, trial reminders, security alerts and notice of changes;
• keep your sign-in details confidential and not let anyone else use your account;
• not impersonate another person or organisation, or misrepresent who you are; and
• tell us promptly through our contact page if you think someone has used your account without permission.

You are responsible for everything done under your account, including by the team members you add. On plans with team members, the account owner decides who is added, what they can see, and when they are removed.

We do not force a password format, so its strength is up to you. Use at least eight characters mixing upper case, lower case, numbers and symbols, and never reuse a password from another site.

You must be at least 18 to hold an account. If you are younger, you may use the Services only through an account held and supervised by a parent, guardian, teacher or school, and that account holder is responsible for your use.

Polls and surveys are often shared with students and the public, so Respondents may be any age. If you publish something children are likely to answer, you are responsible for:

• any parental or school consent the law where your Respondents live requires;
• telling Respondents, and their parents or guardians, what you collect and why, in words they can understand;
• collecting only what you need, and never asking a child for contact details you do not need; and
• complying with the children's privacy and online safety laws that apply to you, which in Australia include the Privacy Act 1988 (Cth) and the codes made under it.

Our plans, what each one includes, and current prices are on the plans page. You choose a plan and a billing cycle, monthly or annual.

The 7-day free trial

Paid plans start with a 7-day free trial, and nothing is charged on the day you sign up. We ask for a payment method at the start so your plan can continue without interruption. Checkout shows the exact price and the date of the first charge. We email you a reminder 2 days before the trial ends, and you can cancel from your Dashboard in one click at any time before then. If you do not cancel, your subscription starts when the trial ends and we charge the payment method on your account.

Monthly and annual billing

Monthly plans are charged one month at a time. Annual plans are shown on the plans page as a monthly equivalent, but the full annual price is charged once a year, after the trial. Your paid features are switched on as soon as a payment succeeds.

Automatic renewal

Subscriptions renew automatically on the same cycle, at the price then in effect, until you cancel. We charge your payment method on the renewal date. Section 6 explains how to cancel.

Payments

Card payments are processed by Stripe. We never see or store your full card number. You confirm you are authorised to use the payment method you give us, and you authorise us to charge it for your plan.

Price changes

We may change our prices. If a change affects a subscription you already hold, we tell you at least 30 days before it applies, and it takes effect only from your next renewal. If you do not want the new price, cancel before the renewal date and you will not be charged it.

Failed payments

If a renewal payment fails, we tell you and give you a reasonable period to fix it before paid features are paused. We never delete your polls or results because of a single failed payment without notice and a chance to fix it or export your data.

Taxes

Checkout shows the price you will pay and the currency. Unless checkout says otherwise, prices exclude taxes, and you are responsible for any sales, goods and services or value added tax on your purchase, other than tax on our income. Australian customers are charged GST where it applies.

How to cancel

1. Sign in and open your Dashboard.
2. Choose Account from the menu.
3. Click Cancel on the right side of the page.

You can also choose Account Cancellation on our contact page. If you cancel that way, please do it at least 48 hours before your renewal date so we can stop the charge in time. If a charge still goes through after a request you made in time, we refund it.

Cancelling stops the next renewal. It does not delete your account or your data, and you keep your paid features until the end of the period you have already paid for.

Situation	What happens
You cancel during the 7-day trial	You are not charged. Trial features end when the trial ends.
You ask within 30 days of your first payment	The money-back guarantee applies and we refund that payment in full.
You cancel a subscription after that	No further charges. You keep paid access until the end of the period you have paid for. We do not usually refund the unused part of a period.
You are charged in error, or something goes wrong	Use Refund Request on our contact page. We consider it on its merits and reply within five business days.
We change these terms or the Services to your material disadvantage	You may cancel before the change takes effect, and we refund the unused part of any fees you have prepaid for the period affected.
We end or suspend your account and you have not broken these terms	We refund the unused part of any prepaid fees and give you a reasonable period to export your data.
We end your account because you seriously broke these terms	No refund is payable, except where the law requires one.

Deleting your account

To delete your account and the information we hold about you and your Respondents, cancel any active subscription first, then use the Delete button in the Account section of your Dashboard. Deletion cannot be undone.

You can use Poll Maker without paying. Free accounts have limits, which may include fewer features, capped survey and quiz responses, and advertising shown alongside your polls. The plans page describes those limits and we may adjust them. If we reduce what a free account can do in a way that materially affects you, we give reasonable notice first.

Support

Every paid plan includes support by email through our contact page. On a free account, our guides and help articles answer most questions, and the contact form handles cancellations, refunds and enterprise plans. Anyone, with or without an account, can report content through the link on our contact page.

Beta and preview features

Some features are labelled beta, preview or early access. They are provided as they are, may change or be withdrawn, and may not work reliably, so do not rely on one for anything important. To the extent the law allows, our liability for beta features is excluded, and the limits in section 20 still apply.

Every plan includes unlimited polls and unlimited poll votes. Poll votes never use your Allowance.

Surveys and quizzes work differently. Each plan includes a monthly Allowance of survey and quiz Responses, shown on the plans page. It is shared across your whole account rather than applying to each survey separately, and it resets on your billing date each month, including on annual plans.

• We count unique, completed Responses that pass our security and spam checks. Partly completed and automatically submitted responses are not counted.
• If your account goes over its Allowance, further Responses may be marked as overage and may not be available in your reports or integrations until you move to a plan with more capacity.
• Your Dashboard shows how much of the Allowance you have used.

To run a hosted service we need your permission to handle Your Content. You grant us a worldwide, non-exclusive, royalty free licence, for as long as it stays on the Services, to host, store, back up, copy, transmit, reformat, index and display Your Content, and to make the technical changes needed to deliver it across browsers, devices and our content delivery network. The licence is limited to operating, securing, supporting and improving the Services for you. It may pass to the providers who help us do that, and to a buyer of our business, but it is not a licence to publish, sell or otherwise use Your Content for our own purposes.

The licence ends when you delete the content or close your account, except that copies may remain in encrypted backups until those backups cycle out, and we may keep what the law requires us to keep.

Polls you share

Anyone with the link to a poll you share can open it, and can see its results if you choose to show them. If you publish a poll to a public page, a public gallery or our template library, you also allow us to display and list it there, with its title, for as long as it stays public. You can end that at any time by making it private or deleting it.

Aggregated statistics

We may create and use aggregated, de-identified statistics about how the Services are used, such as how long a typical survey takes to complete. They never identify you, your organisation or any Respondent, and never reveal the substance of Your Content.

Feedback

If you send us a feature request, bug report or other suggestion, we may use it without restriction and without owing you anything. You keep any rights you already hold in it.

Respondent Data collected through your polls, surveys, quizzes, forms and scheduling polls belongs to you and is under your control. In data protection terms, you are the controller of that data and we are your processor: we handle it on your instructions to provide the Services, and we do not use it for our own purposes. For your own account information, such as your name, email address and billing records, we are the controller, and our Security and Privacy Policy explains what we do with it.

As the Creator, you are responsible for:

• having a lawful reason to collect the Respondent Data your poll, survey or form gathers;
• telling Respondents who you are, what you collect, why, and who you share it with, and getting consent where the law requires it;
• handling the requests Respondents make about their own data, such as access, correction and deletion, and asking us for help if you need it;
• keeping any data you export secure once it is in your hands; and
• not collecting information you are not entitled to collect.

Forms and scheduling polls

A form that asks for names, email addresses, phone numbers or postal addresses collects personal information. Ask only for what you need, say on the form what you will use it for, and keep it no longer than you need it. A scheduling poll shows participants' names and availability to everyone you share it with, so tell participants that before they answer.

Where your data is held

Our servers are dedicated machines hosted with Liquid Web in Michigan and Arizona in the United States, with content delivery and security provided by Cloudflare. Using the Services means Respondent Data may be stored in and accessed from the United States and the other countries where Cloudflare operates. If you need a data processing agreement or a record of the providers we use, ask through our contact page and we will provide them.

Security

We take reasonable technical and organisational steps to protect the data we hold, described in our Security and Privacy Policy. No online service can promise perfect security, and you are responsible for your own sign-in details and devices.

A poll is only useful if its votes are real. Our vote protection uses checks such as IP address, cookies and device signals to limit repeat voting in the way you choose in your poll settings, and our fraud detection looks for votes and responses that are automated, duplicated or coordinated.

• We may filter, flag or discard votes and responses we reasonably believe are not genuine. Filtered results show what passed those checks.
• No automated check is perfect. A determined person can sometimes vote twice, and a household sharing one connection can sometimes look like one voter. Choose the protection level that suits your poll.

You must not, and must not help anyone else to:

• use bots, scripts, vote farms, proxies or multiple accounts to vote or respond;
• buy or sell votes, or offer money or rewards for voting a particular way;
• work around vote limits, results filtering or other protections; or
• present results you know were manipulated as genuine.

Polls and surveys on Poll Maker are answered by students, employees, customers and the public. To keep that safe and lawful, you must follow our Acceptable Use Policy, which forms part of these terms. In short, you must not use the Services to:

• break the law, or infringe anyone's copyright, trade mark, privacy or other rights;
• publish content that is sexually explicit, hateful, harassing, bullying, threatening or defamatory, or that promotes self harm, violent extremism or terrorism;
• run gambling, or publish adult content;
• phish, scam, spread malware, or trick people into revealing passwords, payment details or personal information;
• send spam using data collected through the Services, or breach the Spam Act 2003 (Cth) or the equivalent law where your recipients live; or
• copy, scrape, reverse engineer, resell or overload the Services, or get around usage limits and security controls.

We do not pre-screen content and are not obliged to monitor it. We may review content when it is reported, when our systems flag it, or when we reasonably suspect a breach, and we may remove or disable content that breaches these terms. Where we can, we tell you what we did and why, and you can ask us to review it under section 13.

If you believe a poll, survey or form on our platform infringes your rights, impersonates you, is unlawful, or is being used to deceive people, tell us through the report content form, which is also linked from our contact page. It asks for the link to the content and the details of the problem. In the details, please include:

• what the problem is and, for a rights complaint, which right you hold and how it is being infringed;
• where the original work or your identity can be verified, if that is relevant;
• your name and an email address we can reply to; and
• a statement that the information is accurate and that you are the rights holder or authorised to act for them.

We review reports and aim to reply within five business days. Depending on what we find, we may take no action, ask for more information, remove or disable the content, restrict the account, or close it. We may pass your report, including your contact details, to the account holder so they can respond, unless that would create a risk of harm.

If your content was removed

If we removed something of yours and you think we got it wrong, tell us through our contact page and explain why. A person reviews the decision, and if we agree, we restore the content.

Repeat breaches

We close accounts that repeatedly infringe other people's rights or repeatedly breach our Acceptable Use Policy.

Custom CSS and JavaScript

Plans that allow custom CSS and JavaScript let you change how your polls and surveys look and behave. You are responsible for any code you add. It must not collect information from Respondents beyond what you have told them about, track them across other sites without the consent the law requires, load malware, redirect people to deceptive pages, or interfere with the Services. We may disable custom code that causes harm or breaks the Services, and tell you why.

API and integrations

When you connect Poll Maker to another service, through our API or an integration, the data you send there is handled under that service's own terms and privacy policy, and you are responsible for that choice. Keep your API keys secret, and tell us straight away if one is exposed. We may apply reasonable rate limits to protect the Services.

Polls embedded in your website

If you embed a poll or survey in your own site, you are responsible for that site, for the notices and consents shown on it, including any cookie consent your law requires, and for making sure the embed does not mislead your visitors about who is collecting their data.

We own the Services and everything in them that is not Your Content: the software, the editors, the reporting tools, the embed code, our themes, templates and survey question library, our documentation and designs, and the Poll Maker name, logo and branding. Nothing in these terms transfers any of that to you.

While your account is in good standing we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services, and our embed code on sites you control, to create, publish and report on your own polls, surveys, quizzes and forms.

You may use the questions from our survey question library and templates in surveys you run, on Poll Maker or elsewhere, and print our questionnaires for your own use. You may not republish the library, or a substantial part of it, as a collection of your own.

You may say publicly that you use Poll Maker. You may not use our name, logo or branding in a way that suggests we endorse or sponsor you or your poll, or that could mislead a Respondent about who is running it. We will not use your name or logo as a customer reference without your permission.

The Services rely on other companies. Payments run through Stripe. Sign in can run through Google or Facebook. Our servers are hosted with Liquid Web, and delivery and security run through Cloudflare. Google Analytics measures how our own pages are used, and free polls may show ads served by Google. Your polls may be embedded in websites we do not control, may link to sites we do not control, and may send data to integrations you choose.

Those companies have their own terms and privacy policies. We choose our providers carefully, but we are not responsible for their acts, omissions, content or availability, and a link or integration is not an endorsement. Our Security and Privacy Policy lists every provider that handles personal information for us.

We work hard to keep Poll Maker available, we monitor it around the clock, and we have a long record of doing it well. Even so, the Services run over the internet and we do not promise uninterrupted or error free operation unless we have agreed a service level with you in writing. We may carry out maintenance, and we try to schedule anything disruptive outside peak hours and give notice where we reasonably can.

Support is available through our contact page, Monday to Friday, 9am to 5pm AEST, excluding public holidays in New South Wales, on the terms in section 7.

Changes to the Services

We improve Poll Maker continuously, so features are added, changed and sometimes retired. If a change materially reduces what a paid plan you hold can do, we give you at least 30 days notice by email or in the product, and you may cancel before it takes effect and receive a refund of the unused part of any fees you have prepaid. Changes that add features, fix problems, address security or legal requirements, or affect only free accounts or beta features may take effect straight away.

You can leave whenever you like

Cancel or delete your account at any time, as described in section 6. You do not need a reason and you do not need to ask us.

When we can suspend or close an account

We may suspend or close an account, or remove content, if:

• you seriously or repeatedly breach these terms, in particular sections 11 and 12;
• fees stay unpaid after we have given you notice and a reasonable period to fix it;
• the account is being used in a way that creates a genuine risk of harm to Respondents, other users, us or our infrastructure;
• a law, court, regulator or payment provider requires us to act; or
• we stop offering the Services, or stop offering them in your country.

We give reasonable notice before we suspend or close an account, and we tell you why, unless the law prevents us or waiting would let serious harm, illegal activity or a security risk continue. In those cases we may act immediately and tell you as soon as we can afterwards.

If you think we made a mistake, tell us through our contact page and a person will review it. If we suspended an account in error, we restore it and extend the subscription by the time you lost.

Sections 9, 10, 15, 19, 20 and 22 continue to apply after your account ends, along with anything else that by its nature should.

You promise us that:

• you have the right to use and share everything you put into the Services, including images, text, questions and data;
• Your Content complies with these terms, our Acceptable Use Policy, and the laws that apply to you and your Respondents;
• you have given the notices and obtained the consents described in section 10; and
• the information you give us about yourself, your organisation and your payment method is true.

You agree to indemnify us against loss, damage, cost and reasonable legal expenses we suffer from a third party claim arising out of Your Content, your polls and forms, your handling of Respondent Data, or your breach of these terms. That indemnity is reduced to the extent the loss was caused by our own breach, negligence or wrongful act.

Before you owe anything under it, we will tell you about the claim promptly, we will not admit liability or settle without your consent, and we will let you take over the defence with lawyers of your choosing, provided a settlement does not impose an obligation or admission on us. We will give you reasonable help, at your cost.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Where those guarantees apply and the law lets us limit our liability for failing to meet one, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

What we do and do not promise

We provide the Services with due care and skill. Beyond that, and beyond any guarantee that cannot be excluded, we provide the Services as they are and as available, and we do not promise they will be uninterrupted, error free, secure against every threat, or suited to your particular needs. We are not responsible for the accuracy of polls, surveys or content that other users create.

Limits on our liability

To the extent the law allows, neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue, goodwill, anticipated savings, business opportunity, or loss or corruption of data, however it arises.

To the extent the law allows, our total liability to you for all claims arising out of or in connection with these terms or the Services, whether in contract, tort including negligence, statute or otherwise, in any 12 month period, is limited to the greater of AUD 100 and the fees you paid us for the Services in the 12 months before the event that gave rise to the claim.

These limits do not apply to liability for death or personal injury caused by our negligence, for fraud, for our wilful misconduct, or to any other liability the law does not allow to be limited or excluded.

Keep your own copies of anything important. The export tools in your Dashboard let you download your polls and results at any time, and we recommend doing so regularly.

We update these terms from time to time, for example when we launch features, when our providers change, or when the law changes.

If a change materially affects your rights or obligations, we give you at least 30 days notice before it takes effect, by email to the address on your account or by a clear notice in the product. If you do not accept the change, you may cancel before it takes effect and we refund the unused part of any fees you have prepaid for the period affected. If you keep using the Services after the change takes effect, you accept it.

Minor changes that do not materially affect you, such as clarifications, corrections, updated contact details, or terms for a new optional feature you have not used, take effect when we publish them. The date at the top of this page shows when it was last updated, and earlier versions are available on request through our contact page.

Talk to us first

If something goes wrong, tell us through our contact page and we will try to put it right. Most problems are resolved quickly this way. We both agree to try to resolve a dispute in good faith for 30 days before starting court proceedings. That does not stop either of us seeking an urgent injunction, and it does not stop you complaining to a consumer protection regulator such as the Australian Competition and Consumer Commission or your local fair trading body.

Governing law

These terms are governed by the laws of New South Wales, Australia, and we both submit to the non-exclusive jurisdiction of its courts and the courts that hear appeals from them. If you are a consumer, this does not take away the protection of the mandatory laws of the country where you live, or your right to bring proceedings in your local courts where the law gives you that right.

General

Assignment

You may not transfer these terms without our written consent, which we will not unreasonably withhold. We may transfer them to a related company or a buyer of our business, and we will tell you if we do.

Whole agreement

These terms, our Security and Privacy Policy, our Acceptable Use Policy, and any written agreement you have signed with us are the whole agreement between us about the Services, and replace anything said or written before.

Severability

If a term is found unenforceable, it is read down or removed to the minimum extent needed, and the rest continues to apply.

No waiver

If we do not enforce a term straight away, we do not lose the right to enforce it later.

Events outside our control

Neither of us is liable for a failure caused by something genuinely beyond our reasonable control, such as a natural disaster, war, industrial action, a failure of the public internet, or the failure of a major infrastructure provider. This does not excuse an obligation to pay.

Relationship

These terms do not create a partnership, joint venture, employment or agency relationship.

Trade controls

You confirm you are not located in, or acting for anyone located in, a country or on a list subject to sanctions that would prohibit us from supplying the Services to you.

Notices

We send notices to the email address on your account or show them in the product, and they are treated as received on the day they are sent. You send notices to us through our contact page.

Headings and examples

Headings are for navigation only. Words like "including" and "for example" do not limit what comes before them.