Terms of Service

1. Acceptance of Terms

By accessing or using HumanVotes, you agree to be bound by these Terms of Service and our Privacy Policy. If you disagree with any part of these terms, you may not access the service.

These terms apply to all visitors, users, and others who access or use the service.

2. Account Requirements

• You must be at least 13 years old to use this service
• You must authenticate through approved external providers (Google, Facebook, etc.)
• You are responsible for maintaining the security of your account
• You must provide accurate and current information
• One person may not maintain multiple accounts

3. Content Guidelines

✓ What's Encouraged

• Thoughtful Questions: Polls should ask questions rather than make statements
• Open Discussion: Topics including politics, social issues, and other sensitive subjects are welcome
• Respectful Dialogue: Constructive comments and civil discourse
• Factual Information: When sharing information, strive for accuracy
• Diverse Perspectives: We welcome different viewpoints and opinions

✗ Prohibited Content

Illegal Content

• Any content that violates local, state, or federal laws
• Copyright infringement or intellectual property violations
• Content promoting illegal activities

Harmful Content

• Explicit Material: Pornographic, sexually explicit, or adult content
• Violence: Graphic violence, gore, or disturbing imagery
• Child Safety: Any content involving minors in inappropriate contexts
• Self-Harm: Content promoting suicide, self-harm, or eating disorders

Harassment and Abuse

• Targeted harassment, bullying, or intimidation
• Hate speech based on race, religion, gender, sexuality, or other protected characteristics
• Doxxing or sharing personal information without consent
• Threats of violence or harm

Misleading Content

• False Claims: Presenting opinions as facts or spreading deliberate misinformation
• Impersonation: Pretending to be someone else or misrepresenting your identity
• Scams: Fraudulent schemes or deceptive practices

Platform Integrity

• Spam, repetitive, or low-quality content
• Attempts to manipulate voting or gaming the system
• Bot accounts or automated posting
• Selling or promoting external products/services

4. Voting and Credit System

• Anonymous Voting: Your vote choices are private and anonymous
• One Vote Per Poll: Each user may vote only once per poll
• Credit Requirements: Voting requires purchasing credits to prevent bot abuse
• No Refunds: Credits cannot be refunded or exchanged for money (see Section 4.1 for details)
• Fair Use: Credits must be used for legitimate voting, not system manipulation

4.1 Refund Policy and EU Consumer Rights

General Refund Policy

• All Sales Final: Credit purchases cannot be refunded, reversed, or exchanged for money
• Immediate Delivery: Credits are added to your account instantly upon payment confirmation
• Digital Content: Credits are non-physical digital goods with immediate utility
• No Cooling-Off Period: Once payment is complete and credits delivered, no refund period applies

EU Consumer Rights and Right of Withdrawal Waiver

For customers in the European Union, European Economic Area, and United Kingdom:

Your Explicit Consent (Required at Checkout)

Before completing your purchase, you must confirm that:

• You explicitly request immediate delivery of credits to your account
• You acknowledge and accept that credits will be delivered immediately
• You understand and agree that you lose your right of withdrawal once credits are delivered
• You waive your 14-day cooling-off period for this digital content purchase

Legal Basis: Article 16(m) of EU Directive 2011/83/EU explicitly excludes the right of withdrawal for "the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and acknowledgement that they will lose their right of withdrawal."

Exceptions

Refunds may only be issued in the following exceptional circumstances:

• Technical Error: Credits were charged but not delivered due to system malfunction (contact support immediately)
• Duplicate Charge: You were charged multiple times for the same transaction in error
• Unauthorized Transaction: Your account was used without your permission (must provide proof)
• Service Unavailability: Platform permanently shuts down within 7 days of purchase (pro-rata refund for unused credits)

Dispute Resolution

If you believe you are entitled to a refund under the exceptional circumstances above:

• Contact our support team immediately with your transaction details
• Provide evidence supporting your claim
• We will investigate and respond within 14 business days

5. Content Moderation

• Automated Detection: Some content may be automatically flagged and removed
• Community Reports: Users can report inappropriate content
• Manual Review: Our team reviews reported content and makes final decisions
• No Prior Notice: Violating content will be removed immediately
• Account Actions: Repeated violations may result in account suspension or termination

6. Consequences of Violations

Violations of these terms may result in:

• Content Removal: Immediate deletion of violating posts or comments
• Warning: Notification about the violation
• Temporary Suspension: Temporary loss of posting privileges
• Account Termination: Permanent removal from the platform
• Legal Action: Reporting to authorities when required by law

7. Content Ownership and Account Deletion

Polls You Create

By creating a poll, you acknowledge and agree that:

• Community Investment: Other users may purchase credits to vote on or comment on your poll
• Persistence After Deletion: If you delete your account:
  • Your polls will remain on the platform
  • Your authorship will be anonymized to "[Deleted User]"
  • You will no longer be identified as the creator
  • The poll content and voting results will not be deleted
• Rationale: This policy ensures that:
  • Users who paid credits to participate retain the value of their investment
  • Poll results and community discussions remain intact
  • Public discourse is preserved for the benefit of the community

Votes You Cast

Comments You Post

By posting comments, you acknowledge and agree that:

• Attribution: Comments are attributed to your username while your account is active
• Deletion: If you delete your account, your comments will be permanently deleted
• Moderation: Comments are subject to moderation and may be hidden or removed if they violate community guidelines

Intellectual Property Rights

• You retain ownership of content you create
• By posting, you grant us a license to display and distribute your content
• You must have rights to any content you post
• Respect others' intellectual property rights
• We will respond to valid DMCA takedown requests

8. Disclaimers and Limitations of Liability

Service Disclaimers

• As-Is Service: The platform is provided "as is" and "as available" without warranties of any kind, either express or implied
• User Content: We are not responsible for user-generated content or the accuracy, completeness, or reliability of any information posted by users
• Availability: Service may be temporarily unavailable for maintenance, updates, or due to technical issues
• Third-Party Links: We're not responsible for external websites, services, or content accessed through our platform
• Data Loss: We're not liable for any data loss, corruption, or unauthorized access to your account

Limitation of Liability

Maximum Liability Cap

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you have paid us in the twelve (12) months preceding the claim.

User Responsibility

Indemnification

You agree to indemnify, defend, and hold harmless the company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of the service
• Your violation of these terms
• Your violation of any third-party rights
• Any content you post or submit to the service

9. Account Termination

• You may delete your account at any time through Account Settings
• We may terminate accounts for violations of these terms
• Upon termination, your access to the service ends immediately
• Account deletion is immediate and cannot be reversed

10. Changes to Terms

We reserve the right to modify these terms at any time. Users will be notified of significant changes through the platform or via email. Continued use after changes constitutes acceptance of new terms.

11. Governing Law

These terms are governed by the laws of [Your Jurisdiction]. Any disputes will be resolved in the courts of [Your Jurisdiction].