The main logo for PollUp.io on the nav bar

Legal

Our terms of service and privacy policy.

Software as a Service Subscription Agreement

Effective Date: December 11, 2017

Throughout the Software as a Service Subscription Agreement (sometimes “SaaS Subscription Agreement” or “Agreement”) and referenced Terms of Use (available at http://pollup.io/legal.html the terms “we”, “us” and “our” refer to PollUp Solutions, Inc. including its parent entities and wholly owned subsidiaries (the “Service Provider”). By ordering and/or using our SaaS Services you agree to be bound by the terms and conditions as set forth herein below, as well as the referenced Terms of Use, and as amended from time to time without notice. Our Privacy Policy (available at http://pollup.io/legal.html), Terms of Use, and any other policies, rules or guidelines that may be applicable to particular offers or features on the sites and services are also incorporated into this SaaS Subscription Agreement by reference. Additionally, Customers (defined below) and their Users (defined below) will execute one or more Proposals, Orders, and/or other order forms (collectively the “Orders”) that may include additional terms and conditions which are included as part of the terms of this Agreement and incorporated by reference.

Description of SaaS Services

(1) BASIC ACCESS. The SaaS Services include access by you (“Customer”) and your licensed users (“Users”) (collectively referred to as “Authorized Users”) through the SaaS Customer Web-based Portal (“Portal”) and/or Mobile App(s). Customer agrees that he/she/it is responsible for the actions of he/she/its Users and agree that all Authorized Users will be bound by the terms and conditions as set forth in this Agreement, the Terms of Use, the Privacy Policy, and any applicable Orders prior to their grant of access to the SaaS Services. Customer further agrees that only Authorized Users will be granted access to the SaaS Services.

(2) HOSTING AND MANAGEMENT SERVICES. The SaaS Services include the following managed services:

• Network administration, including communications between the gateway and the network operations center through Customer provided cellular wireless transmission or Ethernet connection
• Software administration
• Data administration
• Periodic over-the-air upgrades

(3) AUTHORIZED USER LICENSE (WEB PORTAL). The Authorized User License for the number of Authorized Users set forth in the Orders includes on-going hosting enabling access to the Portal.

(4) INSTALLATION/ACTIVATION SERVICES: Customer may elect to receive any of the following Installation Services from Service Provider: Self-service through the web portal, or in-person installation about a request by the customer and acceptance of PollUp Solutions, Inc.

(5) SUPPORT SERVICES. Support Services include unlimited remote service and support during normal business hours and 24x7 for emergency support. Customer will designate one individual who will be the authorized point of contact for all technical support communications between Service Provider and Customer at all times. Service Provider will use commercially reasonable efforts to keep the SaaS Services available on a 24 hour a day, 7 days a week basis, via web site access utilizing the Minimum Configuration, subject to occasional scheduled downtime (during non-working hours, for short periods of time, typically on Sundays and communicated in advance) for maintenance purposes, unforeseen maintenance and systems outages, or routine testing of the SaaS Services. As used herein, “Minimum Configuration” means the minimum configuration of Customer hardware and software required to access the SaaS Services, which, shall be that Authorized Users have an Internet connection with sufficient bandwidth and a compatible, updated browser, such as Chrome, Firefox, Safari, or Internet Explorer. In the case of the mobile app(s) services, Users “Minimum Configuration” means the minimum configuration of Authorized Users’ hardware and software, including, but not limited to, the installation of the relevant mobile app(s), required to access the SaaS Services, which shall also include that Authorized Users have an Internet connection with sufficient bandwidth and access to the mobile app(s) on their mobile device.

SUBSCRIPTION AGREEMENT

This SaaS Subscription Agreement, dated as of the Effective Date above, governs the use by Authorized Users of the PollUp.io services, in connection with our software, app(s), and website(s) (collectively the “SaaS Services”). This Agreement also includes and herein incorporates by reference: (1) each Order that provides the type, quantity and payment terms for the SaaS Services purchased from Service Provider; (2) the Terms of Use as provided at http://pollup.io/legal.html and as in effect and updated from time to time; and (3) the Privacy Policy as provided at http://pollup.io/legal.html and as in effect and updated from time to time. In the event of conflict among terms, this Agreement and the Terms of Use shall control.

1. Service Provider agrees to provide the SaaS Services described in each Order, and Customer agrees to pay for access to the SaaS Services (on an ongoing, subscription basis) and comply with the terms and conditions set forth in this SaaS Subscription Agreement, the Terms of Use, the Privacy Policy, and each Order, if applicable. Furthermore, Customer agrees its users shall agree to and comply with the terms and conditions set forth in this SaaS Subscription Agreement, the Terms of Use, the Privacy Policy, and each Order, if applicable, before being granted access to the SaaS Services purchased by Customer. As provided in each Order, the SaaS Services to be purchased may include one or more subscriptions to PollUp.io or other services as listed in the Order receipt. The provided services shall be for use in connection with accessing the SaaS Services, for Customer's business purposes. The Fees for the SaaS Services are shown in the applicable Order receipt(s) and will be billed on an ongoing, monthly/quartely/annual basis after the initial order payment. Subsequent purchases of SaaS Services shall be made only from Service Provider, and shall be subject to the terms and conditions of this Agreement, the Terms of Use, the Privacy Policy, and any terms included in the Order.

2. The Terms of Use for the SaaS Services are indicated in the Order receipt for the SaaS Services and the Terms of Use and shall automatically renew for successive subscription periods unless and until Customer provides appropriate notice of their intent to terminate the Services as provided by the Terms of Use. The SaaS Services may be accessed and used only by the number of Authorized Users specified in the Order receipt(s), for the Fees corresponding to that number and type of Authorized Users. For each Authorized User, Customer may setup a user name (“User ID”) and password, or a username and password will be assigned by Service Provider, which enables the number of Authorized Users to use the SaaS Services or a portion thereof. Following expiration of the Initial Term, this Agreement shall be terminated and Customer’s, along with its Users’, access to the SaaS Services shall cease immediately. Customer may elect Early Termination of the Services solely as permitted in the Terms of Use for the SaaS Services.

3. Service Provider grants to Customer and its Users (collectively “Authorized Users”) a limited, non-exclusive, terminable, non-transferable license to access and view the SaaS Services during the Term or Service, subject to the Terms of Use, acknowledging that Service Provider may revise such Terms of Use from time to time.

4. All other terms and conditions that are part of this Agreement shall be as set forth in this Agreement (inclusive of the Terms of Use and Service Provider’s Privacy Policy) and all Orders completed and approved pursuant to this Agreement. Furthermore, this Agreement (inclusive of the Terms of Use and Service Provider’s Privacy Policy) and all Orders completed and approved pursuant to this Agreement constitute the complete and exclusive terms of the agreement between the parties regarding the subject matter and supersedes all other prior and contemporaneous agreements or communications with respect to the subject matter hereof.

5. Customer represents and warrants that Customer has all necessary authorization to purchase and pay for the SaaS Services indicated in each Order.

6. Customer agrees to provide the necessary electric service, wiring, computer equipment and communication line access (in accordance with UL standards) for access to the SaaS Services. Customer agrees to provide, install and maintain, at Customer's expense, data communication lines therefor, all pursuant to minimum specifications prescribed by Service Provider and updated from time to time. Customer shall be responsible for ongoing charges for Customer's own use of such data communication lines, electrical service, computer equipment, etc.

7. In addition to the initial Order, the parties may enter into one or more additional Orders, each of which provides a general description of the SaaS Services to be provided to Customer. For any Order to be effective, it must be in writing and signed or otherwise authenticated by Customer and Service Provider. Electronic and fax documents are considered to be in writing for this purpose. All terms and conditions set forth in this SaaS Subscription Agreement, the Terms of Use, and the Privacy Policy as in effect at the time and as updated periodically are automatically incorporated in, and deemed part of, each such Order.

8. If there is any conflict between the terms of an Order and the terms of this SaaS Subscription Agreement, the Privacy Policy, or the Terms of Use, then the terms of this Agreement and the Terms of Use shall control. Each Order, as supplemented by the terms of this SaaS Subscription Agreement, the Privacy Policy, and the Terms of Use, constitutes an entire and separate agreement between the parties regarding the SaaS Services covered by that Order, and supersedes any other prior oral or written understandings and agreements of the parties regarding the SaaS Services covered by that Order. Any provisions contained in Customer's own purchase order forms, such as preprinted terms and conditions typically found on their reverse side, shall not apply and are superseded in their entirety by the provisions of this Subscription Agreement, the Terms of Use, and the Privacy Policy.

THE TERMS AND CONDITIONS SET FORTH HEREIN SHALL NOT BE BINDING AND ACCESS TO THE SaaS SERVICES SHALL NOT BE GRANTED UNTIL AN AUTHORIZED SIGNATORY FOR CUSTOMER ACKNOWLEDGES AND AGREES TO ABIDE BY THESE TERMS AND CONDITIONS.

BY CONTINUING USE OF POLLUP.IO YOU ARE CONFIRMING CONSENT TO THESE TERMS

Terms of Use

Effective Date: December 11, 2017

Throughout the Terms of Use (sometimes the “Terms”), the terms “we”, “us” and “our” refer to PollUp Solutions, Inc., including its parent entities and wholly owned subsidiaries (the “Service Provider”). By using our websites and/or ordering and using our services, you agree to be bound by the terms and conditions as set forth herein below and as amended from time to time without notice. Our Privacy Policy, available at http://pollup.io/legal.html, and any other policies, rules or guidelines that may be applicable to particular offers or features on the sites and services are also incorporated into these Terms. These Terms govern the use of the PollUp Solutions, Inc. websites, PollUp.io app, and other software modules and apps provided by PollUp Solutions, Inc., as well as the services provided by us in connection with our software, app(s), and website(s) (collectively the “SaaS Services”)

[Our sites and services are not intended for children under the age of 16 and no person under the age of 16 may use our sites and services. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the sites and services, you affirm you are at least 16 years old or that you are the age of majority in your jurisdiction and grant permission to any of your minor dependents to use the sites.] 

TERMS OF USE

PLEASE READ CAREFULLY BEFORE USING OUR WEBSITE OR PURCHASING AND/OR USING THE SaaS SERVICES. BY PURCHASING AND/OR ACCESSING AND USING THE SaaS SERVICES AND/OR OUR WEBSITE(S), APPLICATION(S) AND TOOL(S), YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. THESE TERMS OF USE FORM PART OF THE SaaS SUBSCRIPTION AGREEMENT, WHICH YOU ARE REQUIRED TO ACCEPT IN CONNECTION WITH YOUR INITIAL AND ALL SUBSEQUENT PURCHASING OF AND/OR USE OF THE SaaS SERVICES.

Purchase of Services

You agree to purchase access to the SaaS Services and modules as shown in each order form (the “Order”) that is completed and approved under the SaaS Subscription Agreement. The SaaS Services are provided on an ongoing basis and you agree the SaaS Services shall automatically renew for successive subscription and payment periods unless and until you provide appropriate notice of your intent to terminate your subscription as provided by these Terms of Use. You agree that you are responsible for the actions of any and all users you grant access to the SaaS Services, as provided by an applicable Order for a requisite number of licenses, and agree that all Users will be bound by the terms and conditions as set forth in this Agreement, the SaaS Subscription Agreement, the Privacy Policy, and any applicable Orders prior to the User’s grant of access to the SaaS Services. You further agree that only Users that you have purchased the requisite number of licenses to the SaaS Services from Service Provider will be granted access to the SaaS Services.

If the Order provides a schedule for delivery, the schedule is an estimate and is subject to availability by Service Provider, readiness of the site for any necessary installation, and scheduling of installers, as applicable. In the event the SaaS Services are not be available within a reasonable period of time of the scheduled delivery, you may at your option (a) terminate the purchase of undelivered SaaS Services, or (b) accept postponement of delivery until such time as Service Provider can complete the delivery of the SaaS Services. In no event shall Service Provider be liable to you or any Users for any delay or impact costs or damages associated with any late, partial, or incomplete delivery.

Unless otherwise indicated in the Order, you agree to be responsible for all on-site preparation, including setting up appropriate hardware, if needed, utility connections including but not limited to telecommunication connections, and procurement of necessary equipment or peripheral devices, and for installation of required hardware to run the SaaS Services.

Service Provider reserves the right to refuse any order you place with us. Service Provider may, in its sole discretion, limit or cancel quantities purchased per person, per entity, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel a purchase, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Service Provider reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by unauthorized entities.

You agree to provide current, complete, and accurate purchase and account information for all purchases and subsequent subscription charges made through Service Provider and/or its authorized agent. You agree you will promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Service Provider can complete your Order(s) and subsequent subscription charges and contact you as needed.

Orders accepted by Service Provider may not be cancelled by you except with Service Provider's written authorization. Prices for the SaaS Services are subject to change without notice. Service Provider reserves the right at any time to modify or discontinue the SaaS Services (or any part or content thereof) without notice at any time. Service Provider shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the SaaS Services.

Payments

You agree to pay at the time designated on your Order(s) and subsequent subscription months, once your account is classified as a Billable Account, all payments due from you thereunder. If not otherwise indicated in the Order, all payments are due three (3)) days from invoice. All invoice not contested within seven (7) days shall be deemed accurate. Your account will be deemed a Billable Account under the SaaS Services after you have completed your 30-day free trial and your account is not enrolled or established within one or more of Service Provider’s pilot programs or categorized as a test or internal account by Service Provider. Our pilot programs provide you and your Users’ with free access to our SaaS Services, subject to the terms and conditions of the SaaS Subscriber Agreement, these Terms of Use, the Privacy Policy, and the Pilot Program Agreement, in return for frequent feedback and testimony that we may use for commercial purposes and to make improvements to the SaaS Services.

You agree to accept responsibility for paying and reporting (a) all federal, provincial, state and local taxes, however designated, levied or based on account of the purchase price of the SaaS Services and (b) all foreign taxes, export or import tariffs, and custom duties, however designated, levied or based in connection with the sale conducted hereby, the purchase price of the SaaS Services, as applicable. You agree to hold Service Provider harmless from all claims and liability arising in connection with your failure to report or pay such taxes.

In the event that you default in any of the terms and conditions of the SaaS Subscription Agreement, including these Terms of Use and any Order(s) completed and approved thereunder, or a petition for bankruptcy is filed by or against you, then, to the extent permitted by applicable law, Service Provider shall have the right to exercise one or more of the following remedies: (a) To declare the entire amount of the unpaid total purchase price of the subscription due and payable plus all service fees that would otherwise come due for the remainder of the Term of Service, together with interest thereon at the lesser of 18% per annum or the then highest allowable legal rate per annum; and/or (b) To terminate this Agreement as to any or all of the Order(s). The Parties acknowledge you shall remain liable for the total purchase price for all service fees that would otherwise come due for the remainder of the Term of Service. All remedies of Service Provider hereunder are cumulative and may, to the extent permitted by law, be exercised concurrently or consecutively and jointly or severally, and the exercise of any one remedy shall not be deemed to be an election of such remedy to preclude the exercise of any other remedy. No failure on the part of Service Provider to exercise, and no delay in exercising any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise by Service Provider of any right or remedy hereunder preclude any other or further exercise of any partially exercised right or remedy.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (with the exception of credit card information, if applicable), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted by Service Provider’s payment processor using usual and customary industry practices during transfer over networks. You agree not to access, reproduce, screen capture, duplicate, copy, sell, resell, or exploit any portion of the SaaS Services or our websites through which the SaaS Services are provided, except as provided in your Order(s) and these Terms and Conditions or with express written permission from us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SaaS Services – Grant of Rights

The SaaS Services obtained pursuant to an Order grants you and your licensed users (users that you have purchased an appropriate number of user licenses for) (collectively, the “Users”), for the Term of Service indicated in the Order, a limited, non-exclusive, terminable, non-transferable license to access and use the services, tools and applications provided through the SaaS Services subject to these Terms of Use. The SaaS Services may include download areas and product information provided by Service Provider or third-party vendors. All SaaS Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these Terms of Use. All rights not expressly granted to you and your Users pursuant to the SaaS Subscription Agreement are reserved to Service Provider, and all uses of the SaaS Services not expressly permitted hereunder are prohibited. Any third-party provided services, including but not limited to those third-party’s contracted by Service Provider to provide all or a portion of the SaaS Services are independent entities of Service Provider and may include their own terms of use you and your Users must abide by. Service Provider utilizes Creative Solutions Unlimited to host its SaaS Services, accordingly, you and your Users will be bound by any additional terms outlined by Creative Solutions Unlimited. Additionally, Service Provider utilizes other third-party vendors to provide portions of the SaaS Services, including, but not limited to, Intercom, PayPal, Google Analytics, Drip, and WordPress. Accordingly, you and your Users will be bound by any additional terms outlined by each of these third-party entities.

Notice Specific to Software Available with the SaaS Services

Any software that is made available to download from the SaaS Services (“Software”) is the copyrighted, trademarked, and/or patented work of Service Provider and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). In some cases, you or a User may be unable to install any Software that is accompanied by or includes a License Agreement, unless you first agree to the License Agreement terms.

The Software so provided is made available for download solely for use according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

Service Provider and its third-party licensors and developers hold exclusive ownership of the SaaS Services and Software and all intellectual property rights embodied therein, including but not limited to copyrights and valuable trade secrets incorporated in the Software's design and coding methodology including any algorithms, resources, content, documentation, user manuals, specifications, or derivative works thereof. The SaaS Services and Software is protected by United States and international copyright laws and international treaty provisions. This Agreement does not grant you or your Users any ownership or intellectual property rights in the SaaS Services or Software. You agree that you will not, directly or indirectly through others: (1) modify or translate the SaaS Services or Software therein; (2) decompile, decrypt or disassemble the SaaS Services or Software or reduce the SaaS Services or Software to human-readable form, (3) create derivative works based on the SaaS Services or Software; (4) merge the SaaS Services or Software with or into another product not approved for use by Service Provider; or (5) copy the SaaS Services or Software.

Permitted and Prohibited Use

Limited Use.

You and your Users may access the SaaS System and use the SaaS Services solely to support and operate in your business through the (i) Service Provider's web-based portal (“the “Portal”); and (ii) Service Provider’s mobile application(s), if applicable. Service Provider reserves the right, in its sole discretion, to limit your and/or your Users' use of the SaaS Services in the event that Service Provider determines that your and/or your Users' use thereof to be inconsistent with such purposes, and/or otherwise inconsistent with these Terms of Use.

Prohibited Uses.

You agree, for yourself and all your Users, as a condition of use of the SaaS Services, not to use the SaaS Services for any purpose that is unlawful, harmful to others, or prohibited by these terms, conditions, and notices. You and your Users may not use the SaaS Services in any manner that could damage, disable, overburden, or impair any Service Provider or subscriber server, or the network(s) connected to any Service Provider or subscriber server, or interfere with any other party's use and enjoyment of any of the SaaS Services. You and your Users may not attempt to gain unauthorized access to any part of the SaaS Services, other accounts, computer systems, or networks connected to any Service Provider or subscriber server, or to any part of the SaaS Services, through hacking, password mining, phishing, or any other means. You and your Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SaaS Services. Except as expressly set forth herein, you and your Users may not (i) copy, reproduce, download, print, capture, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, sell, or circulate the SaaS Services, or any associated applications, tools or data thereof; (ii) disassemble, decompile, or reverse engineer the software used to provide the SaaS Services, or use a robot, spider, or any similar device to copy or catalog any materials or information made available through the SaaS Services; or (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the SaaS Services' control or security systems, or allow or assist a third-party to do so.

Suspension of Service.

Service Provider may at any time suspend (or require that you suspend) the access of Users to the SaaS Services and/or disable their Login Information in the event of violation of these terms and conditions, as solely determined by Service Provider. Grounds for doing so are not limited but may include, for example, legal or regulatory reasons, investigation of suspicious activities, or action by authorities, or if Service Provider or you have reason to suspect any such User is engaged in activities that may be deemed as bullying, cause harm to others, violate these Terms of Use, applicable laws, or subscriber policies, or are otherwise deemed harmful to Service Provider, your organization, your and our respective network or facilities, or other Users. Service Provider shall not be liable to you or any User for suspension of SaaS Services, regardless of the grounds.

Audit.

You agree that Service Provider (or its third-party agent(s), if applicable) and its independent accountants reserves the right to examine your subscription records and accounts to verify compliance with these terms. In the event such audit discloses non-compliance with these terms, notwithstanding any other remedies available to Service Provider by law or otherwise, you shall promptly pay the appropriate license fees as advised by Service Provider, plus the reasonable cost of conducting the audit. Additionally, Service Provider may immediately terminate access to the SaaS Services if the audit reveals non-compliance with this Section.

Use of Passwords; Internet

You are responsible for providing and administering usernames and passwords for your Users (the “Log-In Information”). Each User must have a valid username and password for the purpose of accessing the SaaS Services. You and your Users must keep all Log-In Information strictly confidential. Log-In Information may be used only by the assigned User and may not be transferred without Service Provider’s consent and control. Log-In Information may not be shared without Service Provider’s control and prior written consent. Service Provider reserves the right to refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion.

You and your Users are responsible for maintaining the confidentiality of that User's username and password. You and your Users are responsible for any and all activities that occur under all your Users' accounts. You agree to notify Service Provider immediately of any unauthorized use or suspected unauthorized use of your Users' accounts or any other breach of security. Service Provider will not be liable for any loss that you or a User may incur as a result of someone else using your Users' passwords or accounts, either with or without the applicable Users' knowledge.

Service Provider does not guarantee the security of any information transmitted to or from you or any User over the Internet, including through the use of e-mail. Access to the Internet, if employed, is your and each User's sole responsibility and the responsibility of Internet provider(s) you select. Service Provider does not accept any responsibility for failure of service due to Internet facilities, including related telecommunications or equipment.

Subscriber and User Submissions Ownership

As between you and your Users and Service Provider, the SaaS Services, any material or information provided pursuant to the SaaS Services, and any associated applications, tools or data, and all additions, modifications and improvements made or specified by Service Provider, its agents or contractors, are the property of Service Provider, and are protected by United States and international copyright, trademark, and patent laws, as applicable. By using the SaaS Services, neither you nor your Users gain any ownership interest in such items.

Service Provider does not claim ownership of the Usage Information you or your Users provide for the use and operation of the SaaS Services. You and your Users grant Service Provider and its vendors a non-exclusive, perpetual, transferable, sub-licensable, worldwide, royalty-free license to your information uploaded to the SaaS Services for internal, administrative, and anonymized analysis efforts. In addition, Service Provider may retain, analyze, use and share such information in anonymous, filtered, or aggregate form for general business purposes.

However, upon your request through Service Provider’s chat bot, contact form, or via telephone, for additional Data Review and/or Analysis (“Data Review”) of your and/or your Users’ submission and subsequent payment for the Data Review service, Service Provider will provide such further analysis with the understanding that Service Provider and it’s third-party vendors will be required to access, view, and analyze your and your Users’ raw data, including but not limited to identifying information on each user and their Usage Information.

You agree all comments, including but not limited to SaaS Services reviews, feature requests, bug reports, etc. (collectively the “Comments”) submitted by you and your Users will abide by the Terms of this Agreement. You agree all Comments submitted by you and your Users are owned by Service Provider and you hereby assign and convey all rights, including but not limited to intellectual property rights, including any and all moral rights, in any Comments by you and your Users to Service Provider. You and your Users further agree to execute any additional documentation necessary to allow Service Provider to secure the aforementioned assigned rights without additional compensation. You agree that any licensed users under your direction shall agree to these Terms of Use, SaaS Subscription Agreement, any applicable Orders, and Privacy Policy before being granted access to the SaaS Services.

You and your Users may also be allowed to upload additional information or data to your account for public display with your Comments. The information or data you upload or enter into your account is called “Submissions”, and expressly excludes you and your Users’ Usage Information. Service Provider reserves the right to supervise the uploading of any Submissions, but it is under no legal obligation to do so. For any Submissions that are covered by any intellectual property rights (“Your IP Content”), you and your Users grant Service Provider a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use those Submissions (“IP License”) to use your Submissions as Service Provider sees fit, in its sole discretion. However, the IP License ends when you delete Your IP Content from your account, unless your IP Content has already been used outside your account or shared with others and they have not deleted it. You understand and agree that even though Your IP Content may be deleted from your account, it may persist in backup copies of your account, but Your IP Content which is deleted will not be available for your use or review from your account once it has been deleted. You agree that Service Provider and its affiliates and agents may use your name, email address, and/or telephone number to access, review, edit, and modify your Submissions and other information associated with your account. You acknowledge and agree that Service Provider owns all the data and information concerning your account, and will continue to own all of the data and information concerning your account, except as provided herein relating to your Usage Information and your IP Content, even if your account is deactivated for any reason.

Service Provider reserves the right to upgrade, modify, replace, or reconfigure the SaaS Services at any time, provided that you will be given at least thirty (30) days advance notice for changes that materially and adversely affect any use of the SaaS Services. Service Provider may also change the fee schedule, support terms, and service level agreements for the SaaS Services subject to at least thirty (30) days advance notice, except that the change will not apply for the remainder of the Term of Service to the amount and type of SaaS Services you have contracted for under existing Orders. Any such notice may be given and shall be effective if posted by Service Provider in the “News/Alerts” section of Service Provider's website and/or the SaaS Services’ Software, or if provided in an email sent to your account representative, or if included in any amendment, extension or new version of this Agreement or any Order.

Accuracy of Information

We are not responsible if third-party information made available on the SaaS Services or our websites are not accurate, complete, or current. Any reliance on the third-party information made available on the SaaS Services and our websites is at your own risk. The SaaS Services and our websites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the SaaS Services and our websites at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our websites and the SaaS Services.

Links to Third-Party Sites

The SaaS Services may provide links that allow you or your Users to leave Service Provider's site and/or access third-party websites. Moreover, the SaaS Services may incorporate one or more third-party provider’s SaaS content, such as SaaS content provided by Intercom, WordPress, and/or Drip. The incorporated and linked content and sites in many cases are not under the control of Service Provider and Service Provider is not responsible for the contents of same, or any link contained in a linked site, or any changes or updates to such sites. Service Provider is not responsible for any transmissions received from any linked site. Service Provider provides these links only as a convenience, and the inclusion of any link does not imply endorsement by Service Provider of the site. Additionally, Users may need to comply with the terms of use and other policies of third-party providers to utilize said third-party provider’s content and/or sites.

Communications from Service Provider

Service Provider may periodically contact you or Users for customer service purposes. By accessing the SaaS Services, you and each Use consent to receive such communications. You agree that Service Provider may reference its business relationship with you in its marketing or sales materials.

Changes to Terms of Use

SERVICE PROVIDER RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE FROM TIME TO TIME. SUCH CHANGES WILL BECOME EFFECTIVE WHEN SERVICE PROVIDER POSTS THE REVISED TERMS OF USE AS PART OF THE SaaS SERVICE OR ON ANY RELATED WEBSITE. THE MOST CURRENT VERSION OF THE TERMS OF USE CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERTEXT LINK LOCATED ON THE HOME PAGE FOR THE SaaS SERVICES. YOU AND YOUR USERS SHOULD CHECK THE TERMS OF USE FROM TIME TO TIME, AS THEY ARE BOUND BY THE TERMS OF USE SO POSTED FROM AND AFTER THE TIME THE CHANGES ARE POSTED. ANY REVISED TERMS OF USE SHALL SUPERSEDE ALL PREVIOUS VERSIONS.

Termination of the SaaS Subscription Agreement

In the event that you breach any term of the SaaS Subscription Agreement, or you or your Users breach these Terms of Use, and such breach is not cured within three (3) days after receipt of notice thereof from Service Provider, Service Provider may terminate the SaaS Subscription Agreement in whole or in part immediately upon written notice to you. Notwithstanding the foregoing, there shall be no cure period for any Event of Default that is not curable, including but not limited to reproducing the SaaS Services or undertaking any other prohibited uses. In the event Service Provider terminates the SaaS Subscription Agreement in whole or in part due to an uncured breach, you and your Users shall receive no refund, in full or in part, and Service Provider shall not be liable to you or any User for suspension of SaaS Services or a refund of fees connected with same.

Either party may cancel the Agreement upon thirty (30) day written notice to the other party. Electronic and fax documents are considered to be in writing for this purpose. In the event Service Provider terminates the Agreement prior to the agreed term in an Order, except for termination due to breach of the Agreement as provided hereinabove, Service Provider shall refund, either in whole or in part, at its sole discretion, the fees and charges for any undelivered SaaS Services and/or related services. In the event you terminate the Agreement prior to the agreed term in an Order, you agree Service Provider has no obligation to refund any fees or charges previously paid. If there are one or more outstanding invoices for services rendered by Service Provider at the time of termination by either party, you agree to pay the invoice(s) in accordance with this Agreement.

Upon termination of the Agreement, you and your Users will promptly cease all use of the SaaS Services and all rights granted herein shall revert to Service Provider. Additionally, all materials, applications and tools provide in connection with the SaaS Service must be returned to Service Provider or, at the option of Service Provider, you must certify to Service Provider, in writing, signed by an executive officer, that all copies of the related documentation for the SaaS Services have been destroyed. Termination of the Agreement will not be an exclusive remedy and all other remedies will be available to either party whether or not the Agreement is terminated.

No Warranties; Limitation of Liability

You and Service Provider agree the allocations of risk in this Section are reasonable. Furthermore, you and Service Provider agree they would not enter into this Agreement without these limitations on liability.

Service Provider warrants for a period of thirty (30) days after initial access, the SaaS Services will operate substantially in accordance with the documentation provided with the SaaS Services, unless performance problems are the result of hardware failure, improper use, or modification by you or your Users or contractors or due to your failure to install updates. If the SaaS Services does not so operate substantially in accordance with this clause, your exclusive remedy and Service Provider’s sole obligation under this warranty shall be, in Service Provider’s sole discretion, either to provide you with a bug fix or patch, or to refund the access fee, in whole or part, paid by you.

THE SaaS SERVICES AND ANY TOOLS, APPLICATIONS, INFORMATION OR MATERIALS PROVIDED TO YOU IN CONNECTION WITH THE SaaS SERVICES ARE PROVIDED “AS IS,” AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RESULTS OR OUTPUT, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SERVICE PROVIDER, INCLUDING BUT NOT LIMITED TO ITS PARENT AND SUBSIDIARY COMPANIES, DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, RESULTS, OR ACCURACY OF THE SaaS SERVICES.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SERVICE PROVIDER OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OBLIGATIONS HEREUNDER. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE FOR ANY LOST OR CORRUPTED DATA, DOWNTIME, LOST PROFITS, LOSS OF PRIVACY, LOSS OF CONFIDENTIALITY, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, INCLUDING NEGLIGENCE, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SaaS SERVICES OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, THE SaaS SUBSCRIPTION AGREEMENT, THE PRIVACY POLICY, AN ORDER, OR AN ADDENDUM TO THE TERMS.

NOTWITHSTANDING THE REMAINING PROVISIONS OF THIS AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIMIT OF LIABILITY TO SERVICE PROVIDER, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, SUBSIDIARIES, SUBCONTRACTORS, AGENTS, AFFILIATES, OFFICERS, ASSIGNS, SUCCESSORS, AND SHAREHOLDERS, UNDER ANY THEORY OF LAW, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, STRICT LIABILITY, INFRINGEMENT, AND TORTS, SHALL BE A PAYMENT OF MONIES NOT TO EXCEED THE LESSER OF THE FEES PAID UNDER THIS AGREEMENT OR THE ORDER IN EFFECT AT THE TIME AND FROM WHICH THE CLAIM AROSE.

Service Provider and its affiliates shall not be liable for loss, injury, or damage of any kind to any person or entity resulting from any use, condition, performance, defect, or failure in the SaaS Services. You and your Users release and waive all claims against Service Provider, including but not limited to its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing (the “Service Provider Group”), from any and all claims, damages, liabilities, costs and expenses arising out of your and your Users' use of the SaaS Services. California residents waive any rights they may have under §1542 of the California Civil Code, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You and your Users agree to release unknown claims and waive all available rights under California Civil Code §1542 or under any other statute or common law principle of similar effect. To the extent permitted by applicable law, this release covers all such claims regardless of the negligence of the Service Provider Group.

Subscriber Representations

You represent and warrant that (i) you have full power and authority to enter into the SaaS Subscription Agreement, and to agree to all the terms and conditions contained therein and in these Terms of Use; (ii) only you and your Users shall per permitted to access the SaaS Services and any related tools, applications, information and materials provided in connection with the SaaS Services; (iii) you shall require your Users to agree to the SaaS Subscription Agreement, including these Terms of Use, any terms as provided in an applicable Order, and the Privacy Policy before granting access to the SaaS Services to your Users; (iv) you shall obtain and maintain in effect all permits, licenses and authorizations necessary for the purchase and intended use of the SaaS Services; (v) you shall maintain a payment account and authorize Service Provider to charge said payment account for reoccurring billing; and (vi) you have the full power and authority to authorize Service Provider to charge, on an ongoing basis, the payment account described hereinabove.

Additionally, you agree to indemnify, defend, and hold harmless Service Provider and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third-party.

Reporting Infringement

By accessing and/or using the SaaS Services, Users agree to report to Service Provider all claims or suspected claims of copyright, trademark, and/or patent or other infringement of Service Provider's intellectual property or other proprietary rights. Claims of infringement should be directed to:

Brick Gentry, P.C. Attn: Srikant Mikkilineni 6701 Westown Parkway, Suite 100 West Des Moines, IA 50266

and

PollUp Solutions, Inc. CEO: Kenyon Brown 53 N Willowgreen Ct. Mason City, IA 50401

If you believe that any information on the SaaS Services or our Site infringes on your copyright, trademark and/or patent you should notify Service Provider of your claim in accordance with the following procedures. Service Provider will process notices of alleged infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notification of claimed infringement be in writing and provided to Service Provider's designated agent of service:

Brick Gentry, P.C. Attn: Srikant Mikkilineni 6701 Westown Parkway, Suite 100 West Des Moines, IA 50266

and

PollUp Solutions, Inc. CEO: Kenyon Brown 53 N Willowgreen Ct. Mason City, IA 50401

To be effective, the notice of infringement must contain the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the work, mark, or patent claimed to have been infringed, or, if multiple works, marks, or patents at a single online site are covered by a single notification, a list of such items at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Dispute Resolution

Your purchase and/or use of the SaaS Services and/or our websites is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. We make no representation or warranty that product descriptions, third-party materials and/or information are appropriate or available for use in any particular jurisdiction. Use of the SaaS Services and/or our websites in any jurisdiction where all or any portion of the services and/or websites might violate any legal requirements is prohibited and you agree not to access the SaaS Services and our websites in any such jurisdiction. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.

You agree that this agreement and your use of the SaaS Services and our websites will be governed by the laws of the State of Iowa. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Des Moines, Iowa, in all disputes (i) arising out of, relating to or concerning this Agreement, one or more of the SaaS Services and/or our websites and your use thereof; (ii) in which one or more of the SaaS Services, our websites, and/or this Agreement is an issue or a material fact; or (iii) in which one or more of the SaaS Services, our websites, and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.

You agree to waive, to the fullest extent allowed by applicable law, any claims for punitive or exemplary damages and any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to one or more of the SaaS Services, our websites, and/or this Agreement. PLEASE REVIEW CAREFULLY AS THIS SECTION AFFECTS RIGHTS THAT YOU MIGHT OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT PROCEEDINGS.

Arbitration is final, binding, and subject to limited review by a court. You agree that this arbitration section shall survive termination of this Agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of one or more of the SaaS Services and/or our websites. Any dispute or claim made by you against Service Provider arising out of or related to your use of the SaaS Services and/or our websites, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.

You must first present any claim or dispute to Service Provider by contacting our technical support department to allow us the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within ninety (90) days. The arbitration of any dispute or claim shall be conducted with the rules of a Nationwide Arbitration Organization as modified by this agreement. You and Service Provider agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Des Moines, Iowa, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what this Agreement and corresponding Order(s) provides; (ii) order consolidation or arbitration on a class wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.

Any arbitration shall be confidential, and neither you nor Service Provider may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.

If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.

All administrative fees and expenses of arbitration will be divided equally between you and Service Provider. Each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing.

Export Restrictions

You agree that you will not permit use of or export, directly or indirectly, re-export, divert or transfer the SaaS Services or related Software in violation of any applicable national and international export control law or regulation, including without limitation, the U.S. Export Administration Regulations (“Export Controls”), as well as end-user, end-use, and destination restrictions by the U.S. and other governments. If you are a U.S. Government end user, Service Provider licenses access to the SaaS Services and related Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights granted to you to the SaaS Services and related Software are the same as the rights we grant to all others under the SaaS Subscription Agreement and these Terms of Use.

Miscellaneous

Failure to perform by reason of any law, natural disaster, labor controversy, encumbered intellectual property right, war or any similar event beyond a party's reasonable control shall not be a breach hereof.

Service Provider shall not be liable for any loss or damage of any kind or for any consequences thereof resulting from delay or inability to deliver caused by strikes, lockouts, fire, theft, shortage, inability to obtain materials or shipping space, breakdowns, delays or carriers, manufacturers, or suppliers, acts of God, governmental statutes, proclamations or regulations, riot, civil commotion, war, malicious mischief, receipt of necessary information from you or your Users, or by any cause beyond your reasonable control.

You acknowledge and agree that the SaaS Services and the tools, applications, information and materials provided in connection with the SaaS Services possess a special, unique and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained as a result of unauthorized use, and that unauthorized use may cause immediate and irreparable damage to Service Provider or other subscribers for which Service Provider or such other subscribers would not have an adequate remedy at law. Therefore, you agree that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies as may be available to Service Provider, Service Provider shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.

You agree that Service Provider may assign all or part of this agreement or related agreements without such assignment being considered a change to the agreement and without providing notice to you. You agree that Service Provider will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.

You agree that information related to your use of the SaaS Services and our websites may be subject to legal process. Information and data that you submit to us through the SaaS Services and our websites may be subject to legal process (e.g., a subpoena) by the Service Provider or a third-party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that the Service Provider will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that Service Provider may have no obligation to give you notice of any legal process that may result in any information related to your use of the SaaS Services and/or our websites being produced, discovered or otherwise disclosed.

Service Provider’s performance of these Terms and all other policies is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of Service Provider’s right to comply with law enforcement requests or requirements relating to your use of the SaaS Services or our websites or information given to or gathered by us with respect to such use.

This Agreement shall be construed and enforced under the laws of the Iowa without reference to the choice of law principles thereof. User hereby consents to and submits to the jurisdiction of the federal and state courts located within Polk County of the State of Iowa. User waives any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum.

The parties agree no joint venture, partnership, employment or agency relationship exists between you and Service Provider as a result of these Terms or your purchase and use of one or more of the SaaS Services and/or use of one or more of our websites.

If any provision herein is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Service Provider’s websites and/or SaaS Services may be accessed from countries other than the United States. The websites and SaaS Services may contain products or references to products that are only available within the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use the SaaS Services and/or our websites outside the United States, you are responsible for complying with your local laws and regulations.

You can review the most current version of the SaaS Subscription Agreement and the Terms of Use at any time at http://pollup.io/legal.html.

  Service Provider reserves the right, at its sole discretion, to update, change, or replace the SaaS Subscription Agreement, the Terms of Use, and/or the Privacy Policy in whole or part, by posting updates and changes to our websites without notice to you. It is your responsibility to check our websites periodically for changes. Your continued use of or access to one or more of our websites or the SaaS Services following the posting of any changes to these Agreements constitutes acceptance of those changes.

No waiver of any breach hereof shall be deemed a waiver of any other breach hereof.

Section headings are provided for convenience only, and shall not be used to construe the meaning of any section hereof.

Contact Information

If you have any questions, comments or complaints regarding these Terms or to effectuate notice as required by these Terms, please contact us at:

Mail: PollUp Solutions, Inc. 53 N Willowgreen Ct. Mason City, IA 50401

Email: kenyon@pollup.io

© 2017 PollUp Solutions, Inc. All Rights eserved.

Privacy Policy

Last Modified March 4, 2017   

This Privacy Policy describes how we treat personal information we collect from you on our website and through our app (collectively the “Services”). However, we reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website.

SECTION 1 – INFORMATION WE COLLECT

We collect information from and about you when you register and/or utilize our Services.

You may provide us with personal information, including, but not limited to, the following: 1. Name, address, telephone number, email address, and/or your occupation or title. 2. Login/password for your account with us. 3. Your business’ client information. 4. Payment information. 5. Date of birth. 6. Social media user names. 7. The identification number associated with your account with us. 8. Your business content.

Additionally, we may collect analytic data to maintain the high quality and Services using automated means such as cookies, server logs, web beacons, etc. The collected analytic data may include, but is not limited to, the following: 1. Your internet protocol (I.P.) address. 2. Your location information, i.e. City/State you are located in. 3. Mobile device IDs. 4. Cookie session IDs. 5. The page(s) you visited. 6. Features you used/searched for. 7. What web browser you used during your visit. 8. What operating system you use. 9. The link that referred/brought you to our website.

SECTION 2 - WHAT WE DO WITH YOUR INFORMATION   

When you make a purchase from or utilize our website or other services, we collect the personal information you give us, as described above.  

Along with the automated information we collect, we use this information for internal purposes such as evaluating, operating, and improving our company, protecting against and preventing data breaches and fraud, complying with legal requirements, etc. Additionally, we may also use the collected information in conjunction with third-parties that provide us with additional services as described below. However, email addresses will not be sold, rented, or leased to third-parties without your express permission.

Email marketing: With your permission, we may send you emails about our promotions and other updates. Emails will be received from PollUp Solutions, Inc., but may be distributed by us as well as by our third-party marketing providers, such as Drip.

Analytics: our site utilizes traffic analytics provided by Google Analytics and Drip. Analytic data collected using automated means as described in Section 1 above will be utilized by our third-party service providers to provide us with their contracted services. You can read more about Google Analytics’ and Drip’s services at the respective links below.

Google Analytics: https://www.google.com/analytics/terms/us.html

Drip: https://www.drip.co/privacy

Data Review and Analysis Services: Upon your request through our chat bot, contact form, or via telephone, for additional Data Review and/or Analysis (“Data Review”) of you and/or your Users’ submissions, and subsequent payment for the Data Review service, we will provide the further analysis with your understanding that our third-party vendors and ourselves will be required to access, view, and analyze your and your Users’ raw data, including but not limited to identifying information on each user and the information they provide to via one or more of our services.  

SECTION 3 - CONSENT   

How do you get my consent?  

When you provide us with personal information to complete a transaction, utilize our software, utilize our services, verify your payment information, place an order, etc., we imply that you consent to our collecting it and using it for that specific reason only.  

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.   

How do I withdraw my consent?  

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use, or disclosure of your information, at any time, by contacting us at kenyon@pollup.io.  

SECTION 4 - DISCLOSURE  

We may disclose your personal information if we are required by law to do so, at your request, such as for Data Review services as provided above, or if you violate our SaaS Subscription Agreement or Terms of Use which may be reviewed at: http://pollup.io/legal, respectively.  

SECTION 5 – THIRD PARTIES’ POLICIES   

Our website is hosted on a third-party hosting service provided by Creative Solutions Unlimited. Additionally, our blog is hosted on WordPress, our chat platform is provided by Intercom, and our payment/ecommerce platform, which allows us to sell our Service(s) to you, is provided by PayPal. Additionally, we utilize Google Analytics, Facebook Lead Ads, Leadpages, and Drip to collect and analyze data as provided above. These companies are separate entities from our company. Accordingly, they have their own privacy policies, terms of use, and/or procedures, which can be found at the respective links above and below.

Creative Solutions Unlimited: http://www.creativesolutionsunlimited.com/index.php

WordPress: https://wordpress.org/about/privacy/

Intercom: https://www.intercom.com/privacy

Leadpages: https://www.leadpages.net/legal

Facebook Lead Ads: https://www.facebook.com/privacy/explanation

PayPal: https://www.paypal.com/us/webapps/mpp/ua/privacy-full

SECTION 6 - THIRD-PARTY SERVICES   

In general, the third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us.  

However, as stated above, third-party service providers, such as payment gateways, analytics providers, and host providers, have their own privacy policies with respect to the information we are required to provide to them for your service and purchase-related transactions.  

We strongly recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.  

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.  

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.  

Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy.   

Links: When you click on links on our website, they may direct you away from our website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Some of our services contain integrations with other services, such as Intercom, Drip, WordPress, Google, LinkedIn, Twitter, Facebook, and other services and platforms whose information practices may be different from ours. You should consult these other services' privacy policies as we have no control over information that is submitted to, or collected by, these third parties.  

Do Not Track Signals: We do not process or respond to "Do Not Track" signals from your browser or other mechanisms that enable consumer choice regarding the collection of personal information about one's online activities over time and across third-party websites or online services.

SECTION 7 – NOTICE TO CALIFORNIA CUSTOMERS

Subject to the limitations under California Civil Code § 1798.83, if you are a California resident and have an established business relationship with us, you may ask us to provide you with a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year. You may also request the identity of certain third parties that received your personal information from us for their direct marketing purposes during the immediately preceding calendar year. You may make a request as described hereinabove once a year.

To make such a request, you can email us or write to us at the address below. Please mention in your communication that you are making a "California Shine the Light" inquiry. We will respond within thirty (30) days.

SECTION 8 – PROTECTING YOUR INFORMATION    

We follow usual and customary industry practices to protect your personal information as well as to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.  

If you provide us with your credit card information, the information is encrypted by our payment processor, PayPal.  Although no method of transmission over the Internet or electronic storage is 100% secure, our payment processor, PayPal, is PCI-DSS certified (Satisfies all 12 requirements) and follows all such requirements and implements usual and customary industry standards. You can learn more about PayPal’s data security standards at https://www.paypal.com/bm/webapps/mpp/merchant-security   

SECTION 9 - COOKIES  

Please be advised that we use cookies to collect general information about your visit which will be retained and used by us, including, but not limited to, our parent and wholly-owned affiliate entities as well as by our authorized vendors such as Google Analytics and Drip.  By using our website and/or Services, you expressly consent to the use and collection by our company of this information.  To withdraw your consent after accepting the cookies, delete them from your browser.  For more information on cookies and deletion of cookies, please visit:  http://www.allaboutcookies.org/  

You can stop cookies from being deployed on your computer by configuring your browser not to accept them.  Please refer to your browser's help section for more information.  Be aware that deleting and/or blocking certain cookies can disrupt normal website and/or Service functionality.   

SECTION 10 - AGE OF CONSENT  

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you are providing the necessary supervision and have given us your consent to allow any of your minor dependents to use this site.   

SECTION 11 - CHANGES TO THIS PRIVACY POLICY   

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this Privacy Policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.  

If our company is acquired or merged with another company, your information may be transferred to the new owners.  

SECTION 12 – ONLINE POLICY ONLY   

This online privacy policy applies only to information collected through our website and Services and not to information collected offline.

QUESTIONS AND CONTACT INFORMATION   

If you would like to: access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information, contact us at:

Email: kenyon@pollup.io

Mail: 53 N Willowgreen Ct. Mason City, IA 50401

© 2017 PollUp Solutions, Inc. All Rights Reserved.