Terms of Service

1. Introduction

POLLNOVA (Business Registry No. 1001524500), located at 2616 Standardbred Dr, Oshawa, Ontario L1L 0S7, Canada ("Company", "we", "us", or "our"), owns and operates pollnova.com and all affiliated websites and mobile versions ("PollNova" or the "Platform"), a social platform that enables creators to post interactive polls with attached media, and fans to vote on those polls, follow creators, and unlock exclusive content. The terms "you", "your", or "User" refer to all end users, whether Creators or Fans.

Please read these Terms of Service ("Terms") carefully — they form a legally binding contract governing your use of PollNova, including all content, functionality, and services offered on or through the Platform. By registering an account or using the Platform, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use PollNova.

We may change these Terms from time to time. Changes become effective on the "last updated" date stated above. We will try to notify you of material changes, but it remains your responsibility to review the current Terms. Your continued use of the Platform after changes are posted constitutes your acceptance of the revised Terms.

2. Eligibility

2.1 Age Requirement

PollNova contains adult-oriented content and is not intended for minors. To access or use the Platform you must be: (i) at least eighteen (18) years old; and (ii) at or above the age of majority in your jurisdiction. We prohibit all persons who do not meet these age requirements from accessing PollNova. If you do not qualify, you must leave the Platform immediately.

2.2 No Minors

We have a strict zero-tolerance policy regarding any sexual content involving minors. Any such content is removed immediately upon discovery, the responsible account is permanently terminated, and the matter is reported to the National Centre for Missing and Exploited Children (NCMEC), the Canadian Centre for Child Protection, and relevant law enforcement authorities.

2.3 Parental Controls

In accordance with applicable law, you are notified that parental control protections — including hardware, software, and filtering services — are commercially available and may help limit access to material that is harmful to minors. If minors have access to your computer or device, please use parental control software to restrict their access.

2.4 No Prohibited Registrants

You may not access PollNova if you are, or are required to be, a registered sex offender in any jurisdiction. By registering an account, you represent that you are not such a person.

2.5 No Prostitution or Sex Trafficking

The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited on PollNova. If you engage in such activity — whether directly on the Platform or by posting links to external websites that promote or facilitate prostitution or sex trafficking — we may delete your account without refunding or paying out any funds.

3. Accounts

3d. Rights Reserved by the Company

We reserve the right at any time, without notice, to:

• Modify, suspend, or terminate PollNova or any portion thereof;
• Restrict, limit, suspend, or terminate your access to the Platform or any portion thereof;
• Verify the information you provide to us;
• Verify compliance with these Terms or any applicable law;
• Temporarily suspend or permanently terminate your account for failure to comply with these Terms or applicable law;
• Delete any content you post if it does not comply with these Terms or applicable law;
• Monitor your use of the Platform, including any content or messages you post;
• Investigate any suspected or alleged misuse or unlawful use of PollNova and cooperate with law enforcement;
• Disclose information about your use of PollNova in connection with a law enforcement investigation or in response to a lawful subpoena or court order; and
• Change the payment or payout processor that enables transactions on the Platform.

4. Platform Description

PollNova is a creator monetization platform built around interactive polls. The Platform enables:

• Creators to post polls with media (images or video) attached to each voting option, set optional Picks costs for voting, configure visibility (public, followers-only, link-only), schedule polls, and earn Picks from fan participation;
• Fans to vote on polls for free or by spending Picks, follow creators, receive real-time notifications, and unlock exclusive media content from winning poll options, building a personal Library over time;
• Real-time Realtime notifications, follower feeds, creator analytics, and a personal media library.

We may update, modify, or discontinue any feature of the Platform at any time with or without notice. We grant you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive limited licence to use PollNova for your own lawful personal use only, subject to these Terms. All rights not expressly granted are reserved by us.

5. Picks (Virtual Currency)

"Picks" are PollNova's virtual in-platform currency used to vote on paid polls and unlock additional features. By purchasing or using Picks, you agree to the following terms:

5.1 No Monetary Value

Picks have no monetary value and cannot be sold, traded, bartered, withdrawn, transferred to another user, or redeemed for cash, cryptocurrency, or any real-world currency under any circumstances. Picks are strictly a limited, revocable, non-transferable licence for use within PollNova only — they do not constitute property, a financial instrument, or an investment of any kind. Any purported transfer or sale of Picks outside the Platform is void and may result in immediate account termination and forfeiture of all Picks and any pending earnings.

5.2 Purchasing Picks

Fans may purchase Picks bundles through our authorised payment processors. By completing a purchase, you authorise us to charge your payment method for the stated bundle price. All Picks purchases are subject to the refund and chargeback provisions in Section 9.

5.3 Refunds & Expiry

• Picks purchases are generally non-refundable except as required by applicable law or as described in these Terms;
• If a creator deletes a poll, any Picks you spent voting on that poll are automatically refunded to your balance;
• Unused Picks do not expire during the lifetime of an active account;
• Upon account termination for violations of these Terms, all remaining Picks are forfeited with no right to reimbursement.

5.4 Promotional Picks

Picks issued through promotions, bonuses, or referral programmes may be subject to additional conditions including usage restrictions or expiry dates as communicated at the time of issuance.

5.5 Price Changes

We reserve the right to adjust Pick bundle prices or the Picks cost of individual polls at any time. Price changes will not apply retroactively to Picks already purchased.

6. User Content

6.1 Ownership & Licence Grant

PollNova does not own media uploaded by users ("User Content"). You retain all ownership rights in your User Content. However, by uploading content you grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicensable, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content for the Company's business purposes, which include operating PollNova and fulfilling our obligations under these Terms. You consent to being depicted in any User Content you post and to PollNova distributing it in accordance with the settings you have chosen (public, followers-only, link-only).

6.2 Your Warranties

You represent and warrant that:

• You own or have a valid licence to all rights in any content you upload;
• Your User Content does not violate any rights of any third party, including intellectual property rights, privacy rights, or any applicable law;
• You maintain written releases from any identifiable person depicted in your User Content confirming their consent to being recorded and published on PollNova;
• You will not misrepresent or fraudulently market your content to other users;
• You will provide copies of any necessary releases, licences, or ownership documents to us upon request.

6.3 Co-Created Content

If your content depicts third parties (other creators or individuals), you must:

• Have government-issued identification confirming each depicted person is at least eighteen (18) years of age;
• Have obtained and maintained written documentation confirming each depicted person has consented to (i) being depicted in such content, and (ii) the content being distributed on PollNova;
• Provide this documentation promptly upon our request;
• Be solely responsible for any revenue-sharing arrangements with co-appearing individuals — PollNova is not a party to any such arrangement and will not enforce it.

6.4 No Endorsement

The views expressed by users do not represent the views of PollNova. All User Content transactions and interactions are between users. For the avoidance of doubt, disputes between users in connection with User Content are solely between those users — PollNova is not a party and makes no representations or warranties with respect to User Content.

6.5 Content Moderation

User Content is subject to pre-screening and moderation by the Company prior to or following publication. We reserve the right to remove, demote, or refuse to publish any User Content that violates these Terms, our content policies, or payment processor rules, at any time, for any reason, with or without prior notice.

7. Prohibited Conduct

Without our express prior written authorisation, you will not:

• Use PollNova in any way that violates applicable law, regulation, or treaty — including laws prohibiting sex trafficking and facilitation of prostitution; intellectual property laws; laws against defamatory or obscene speech; and laws protecting privacy, publicity rights, and data protection;
• Post, upload, or share content depicting, advertising, promoting, encouraging, facilitating, or soliciting (real, simulated, or implied): (i) sexual activity involving minors; (ii) incest; (iii) bestiality; (iv) non-consensual content or "revenge porn"; (v) necrophilia; (vi) content depicting individuals under 18 years old; (vii) illegal prostitution or human trafficking, whether explicit or using slang or abbreviations; (viii) age-play or suggestion of underage participants; (ix) extreme violence, kidnapping, torture, or genital mutilation; (x) suicide or self-harm; or (xi) any other behaviour that is illegal or obscene under applicable law;
• Post, upload, or share content containing hate speech — including content posted with the intent to vilify, humiliate, dehumanize, or incite hatred or fear against a group or individual based upon race, ethnicity, national origin, immigration status, religion, sex, gender identity, sexual orientation, age, disability, or veteran status;
• Post, upload, or share any content depicting any person without first inspecting and maintaining written documentation confirming that all subjects are 18 years of age or older and have consented to the recording and publication of such content;
• Post, upload, or share content that uses artificial intelligence to generate photorealistic or lifelike depictions of real humans (including deepfakes, face-swapped content, or synthetic media) without explicit disclosure; or that uses AI to directly interact with users to generate personalised responses or imagery without human oversight;
• Impersonate another individual or entity, whether actual or fictitious, without consent, or falsely claim affiliation with any individual or entity;
• Post, upload, or share personally identifiable information about another user or third party without their consent;
• Post, upload, or share content that extorts money or other benefit from a third party in exchange for removal of content;
• Send unsolicited sexual content to another user or otherwise engage in non-consensual sexual objectification;
• Engage in platform manipulation, including utilising bots or other fraudulent means to artificially inflate votes, follower counts, or engagement metrics;
• Engage in anti-social, disruptive, or destructive behaviour, including spamming, flooding, trolling, or griefing;
• Access or use any automated process (such as a robot, spider, or scraper) to access PollNova in violation of our robot exclusion headers or to scrape a substantial part of the Platform;
• Reverse engineer, decompile, or otherwise attempt to discover the source code of PollNova except where expressly permitted by applicable law;
• Circumvent, disable, damage, or otherwise interfere with security-related features, including posting, uploading, or disseminating viruses, malware, Trojan horses, or other malicious code;
• Commercially exploit or make available any portion of PollNova to third parties, including "framing" or "mirroring" the Platform;
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• Assist or permit any person in engaging in any of the acts described in this section.

7.1 Consequences of Violations

Engaging in any prohibited conduct constitutes a breach of these Terms and may result in immediate suspension or termination of your account without notice, at our sole discretion. We reserve the right to forfeit payment of any revenue earned by users who violate these Terms and to refund affected amounts to fans. We may pursue any legal remedies available against you, including civil, criminal, or injunctive relief.

8. Additional Creator Obligations

Creators must act in the best interests of the Company and their fans at all times, whether on PollNova, on third-party websites, or offline. If you are a Creator, you will not, without our express prior written authorisation:

• Deceive fans regarding the nature of any paid poll content or misrepresent what media will be revealed upon a poll ending;
• Attempt to defraud PollNova or our users — for example, collaborating with others to accept payments using stolen credit cards;
• Attempt to fraudulently pass off pre-recorded content as live or real-time;
• Fail to honour any lawful representation made to fans in furtherance of selling your content;
• Record, broadcast, or upload nudity or sexual activity from any public place or private property without the owner's permission, or from any location where members of the public are likely to be present;
• Release the personal information of any other user or third party without that person's consent;
• Solicit or accept payments for in-person meetings for the purpose of engaging in sexual activity;
• Harass, disparage, defame, or make false or misleading statements about PollNova or our users;
• Delete polls in bad faith solely to avoid obligations to fans or to circumvent platform rules.

8.1 Reporting Obligation

If you become aware of any content on PollNova or any user engaging in activities that violate these Terms, you must report it to us at safety@pollnova.com with as much detail as possible, including relevant URLs, usernames, dates, and the reason for the report. We may consider you complicit in any violative activity you were aware of but failed to report.

9. Purchases & Payments

9.1 Payment Processing

All purchases on PollNova are facilitated by authorised third-party payment processors. PollNova does not store full card numbers or banking credentials. In the event that our payment processors experience technical issues or delays, you may experience delays. We disclaim any liability for such delays or issues arising from the performance of our payment providers.

9.2 Refunds

Our standard policy is that all purchases of Picks are final and non-refundable. However, we reserve the right to address any refund request and issue refunds in appropriate cases within our sole discretion, and as required by applicable consumer protection law. Picks automatically refunded due to a creator deleting a poll are not subject to this limitation.

9.3 Billing Errors

If you believe we have charged you in error, you must notify us in writing at support@pollnova.com no later than thirty (30) days after the billing statement in which the error first appeared. If you fail to notify us within this period, you waive any right to dispute the charge. Your notice must include a detailed description of the nature and amount of the disputed charge. We will correct any verified mistakes against your future balance.

9.4 Chargebacks & Disputes

Filing a chargeback or payment dispute with your bank or card issuer without first contacting us constitutes a breach of these Terms. By using the Platform you agree that:

• You will contact us at support@pollnova.com before initiating any chargeback;
• If you make a purchase that results in a chargeback, we may immediately suspend or permanently terminate your account;
• Unjustified or fraudulent chargebacks — including chargebacks filed after Picks have been used — will be treated as fraud;
• Any Picks balance, creator earnings, or account access may be frozen pending investigation of a disputed charge;
• We reserve the right to recover chargeback amounts, associated fees, and any costs incurred as a result of an unjustified dispute through any lawful means, including referral to a collections agency or legal proceedings;
• We may deduct from creator earnings any amounts earned on poll votes that resulted in a chargeback.

9.5 Taxes

If we are required to collect or pay any taxes in connection with your purchase, those taxes will be charged to you at the time of each transaction. If required by law, you are responsible for reporting and paying applicable duties, customs fees, value added tax (including GST/HST in Canada), or other taxes in connection with your purchase. Creators are solely responsible for declaring and remitting any income taxes on their earnings.

9.6 Inactive Accounts

If you do not log into your PollNova account for twelve (12) consecutive months, your account may be marked inactive. We will notify you by email before taking any action on inactive accounts. We reserve the right to apply an inactivity fee of up to CAD $5.00 per month deducted from your existing Picks balance (at conversion value) to cover administrative costs, provided that we will never charge your payment method for inactivity fees if your balance is zero.

10. Creator Earnings & Payouts

10.1 Commission Structure

Creators earn eighty percent (80%) of the net revenue generated from paid votes (Picks) on their polls. PollNova retains twenty percent (20%) as its platform commission. We may deduct from a creator's revenue any amounts earned on poll votes that resulted in chargebacks, refunds, or that are associated with User Content violating these Terms.

10.4 Third-Party Payout Processors

Payouts are facilitated by third-party payout processors. We reserve the right to change the payout processor at any time. In the event that a payout processor experiences technical issues or delays, you understand and agree that we disclaim any liability for such delays arising from the performance of our payout provider(s).

11. Intellectual Property

11.1 PollNova's IP

PollNova and its entire contents, features, and functionality — including all software, text, displays, images, video, audio, and the design, selection, and arrangement thereof — are owned by us, our licensors, or other providers, and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any materials from PollNova except as follows:

• Your computer may temporarily store copies in RAM incidental to your accessing and viewing those materials; and
• Your web browser may store files that are automatically cached for display enhancement purposes.

Any use of PollNova not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws.

11.2 Trademarks

The POLLNOVA name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates. You must not use such marks without our prior written permission. All other trademarks on PollNova belong to their respective owners.

11.3 DMCA & Copyright

To comply with the Digital Millennium Copyright Act and applicable Canadian copyright law, we respond to proper notifications of claimed copyright infringement and will take appropriate action, including removing or disabling access to allegedly infringing content and, where appropriate, terminating the associated account. For complete details, see our DMCA Policy.

11.4 Third-Party Links

PollNova may contain links to third-party websites. We have no control over the contents of those websites and accept no responsibility for them or for any loss or damage arising from your use of them. If you access any linked third-party website, you do so entirely at your own risk and subject to that website's terms.

12. Disclaimer of Warranties

By using PollNova, you acknowledge and agree that:

• PollNova and all of the Company's services and features are provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• We do not warrant the accuracy, usefulness, completeness, or reliability of PollNova or the results of your use of it;
• We do not warrant that PollNova will be available at any particular time or location, nor that it will be secure, uninterrupted, or free of errors, viruses, or other harmful components;
• We are not responsible for the accuracy, completeness, or legality of any User Content posted by users or creators;
• Your use of PollNova is solely and entirely at your own risk.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable Canadian consumer protection law.

13. Limitation of Liability & Releases

13.1 Limitation of Liability

The Company, its subsidiaries, affiliates, licensors, service providers, employees, agents, officers, and directors will not be liable to you for any of the following:

• Errors, mistakes, or inaccuracies of content on the Platform;
• Personal injury or property damage resulting from your access to and use of PollNova;
• User Content or conduct by any user that violates these Terms;
• Unauthorised access to or use of our servers and any personal or financial information stored in them;
• Interruption or cessation of transmission to or from PollNova;
• Bugs, viruses, malware, or other disabling code transmitted to or through PollNova;
• Delays or failures in starting, conducting, or completing any transactions with PollNova.

13.2 Exclusion of Damages

Unless caused by gross negligence or intentional misconduct, the Company and its affiliates will not be liable to you for any direct, indirect, special, statutory, punitive, or exemplary damages arising out of or relating to your access to or inability to access PollNova or its content — including damages for personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of data, loss of goodwill, or computer failure — regardless of theory of liability and even if we were advised of the possibility of such damages.

Our maximum aggregate liability to you for any claim arising under these Terms shall not exceed the greater of: (a) the total amount you paid to us in the twelve (12) months preceding the claim; or (b) CAD $100. If you are dissatisfied with PollNova, your exclusive remedy is to stop using the Platform.

13.3 Release

You hereby release the Company, its subsidiaries, affiliates, licensors, service providers, employees, agents, officers, and directors from all liability arising out of User Content submissions or the conduct of other users or third parties, including disputes between you and one or more other users.

13.4 Scope

The disclaimers, exclusions, and limitations above apply to the greatest extent allowed by applicable law. We do not intend to deprive you of any mandatory protections provided to you by Canadian consumer protection legislation. Where any jurisdiction prohibits the disclaimer of certain warranties or exclusion of certain damages, those disclaimers and exclusions will apply to the maximum extent permitted.

14. Indemnification

You will defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates, licensors, service providers, employees, agents, officers, directors, and contractors ("Indemnified Parties") from any loss, liability, claim, damage, or expense — including reasonable legal fees — arising out of or relating to: (i) your access to or use of PollNova; (ii) your User Content; (iii) your breach of these Terms; (iv) your actual or alleged violation of any third-party right, including intellectual property or privacy rights; (v) your actual or alleged violation of any applicable law; or (vi) your actual or alleged negligent, fraudulent, or intentional conduct. You are not required to indemnify us if the loss was caused by our own intentional misconduct.

If the Indemnified Party has your contact information, it will notify you within 30 days of becoming aware of a claim for which you may be required to indemnify. Failure to give timely notice does not end your obligation unless that failure prejudices your ability to defend or mitigate losses. We may assume exclusive control of the defence of any matter for which you are required to indemnify us, and you agree to cooperate with us in such defence.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute, you agree to first contact us at support@pollnova.com and provide a written description of the dispute, the relief you seek, and your contact information. We will try to resolve any dispute informally within thirty (30) days of receipt of your notice.

15.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (including the formation, interpretation, breach, termination, enforcement, or validity thereof) shall be determined by binding arbitration administered by the ADR Institute of Ontario (ADRIO) under its then-current National Arbitration Rules, rather than in court, except as provided in Section 15.4 below. The place of arbitration shall be Toronto, Ontario. The language of arbitration shall be English.

15.3 Class Action Waiver

To the fullest extent permitted by applicable law, you waive any right to bring or participate in any class action, collective action, or representative proceeding against the Company, whether in arbitration or otherwise. All disputes must be brought on an individual basis only. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a class or representative proceeding.

15.4 Exceptions

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction in Ontario to prevent imminent harm pending the outcome of arbitration. Nothing in this section limits either party's right to report complaints to the relevant regulatory authorities.

15.5 Complaints Process

For content-related complaints, account disputes, DMCA notices, and escalation procedures, please see our dedicated Complaint Process page. We strive to resolve all complaints within the timelines set out there.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to any conflict of law principles. To the extent any dispute is not subject to arbitration under Section 15, you irrevocably submit to the exclusive jurisdiction of the courts located in Toronto, Ontario for the resolution of such disputes, and you waive any objection to the exercise of jurisdiction over you by such courts.

These Terms were drafted in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, communications, and notices will be provided in English.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies posted on PollNova, constitute the entire agreement between you and the Company concerning the Platform and supersede all prior agreements and understandings.

17.2 Assignment

The Company may assign its rights or delegate any performance under these Terms without your consent. You may not assign your rights or delegate your performance under these Terms without our prior written consent. Any attempted assignment in breach of this section is void.

17.3 No Waiver

No failure or delay by us in exercising any right or remedy under these Terms operates as a waiver. A waiver given on one occasion is effective only for that instance and only for the purpose stated.

17.4 Severability

If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if modification is not permitted, disregarded. The remaining provisions will continue in full force and effect.

17.5 Force Majeure

The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delay or prevent performance, including: acts of God; fire, flood, earthquake, or other natural disasters; war, terrorism, or civil unrest; government action; telecommunications or infrastructure failures; or hacking, spam, or other cyber-events.

17.6 No Third-Party Beneficiaries

These Terms do not confer any rights or remedies on any person other than the parties to this agreement.

17.7 Relationship of Parties

These Terms do not create a partnership, joint venture, agency, franchise, or employment relationship between you and PollNova. You are an independent user and neither party has the right to bind the other on any agreement with a third party.

17.8 Communications & Electronic Signatures

By registering for an account, you consent to receiving electronic communications from us relating to your account, including notices about payments, account changes, policy updates, and other transactional information. You agree that these electronic communications satisfy any legal requirement that such notices be in writing. Any affirmation, assent, or agreement you send through PollNova — including clicking "I agree" or similar — will be legally binding and enforceable as your electronic signature.

17.9 Notice

You may send notice to the Company by email at support@pollnova.com. We will consider an email notice received only when our server sends a return acknowledgment. We may send notice to you at the email address registered on your account, via a notification on your account, or by posting on PollNova.

18. Contact Us

For questions, feedback, or legal inquiries regarding these Terms: