ZapPoll Terms of Service

1. Agreement, Contracting Entity & Eligibility

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer”, “Creator”, “User”, or “you”) and Leatra Technologies LTD (“Leatra Technologies”, “Company”, “ZapPoll”, “we”, “us”, or “our”), a private limited company duly incorporated and registered under the laws of the Federal Republic of Nigeria.

By accessing, creating an account on, embedding, posting data to, or utilizing any services provided at zappoll.com, app.zappoll.com, or api.zappoll.com (collectively, the “Services”), you explicitly agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy. If you are accepting on behalf of an organization, you represent and warrant that you possess full legal authority to bind that organization. If you do not agree to these Terms in their entirety, you must not access or use the Services.

Eligibility & Age Requirements

• Creators: You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create a workspace, publish a poll, operate a form endpoint, or make a purchase.
• Respondents: The Services are not directed to children. Respondents must be at least 16 years old, or 13 years old where the creator has obtained verifiable parental consent as required by applicable law (including COPPA in the United States and Article 8 GDPR in the European Union).
• Creator Responsibility for Minors: If you distribute a poll or form to an audience that may include children, you are solely responsible for obtaining any required parental or guardian consent, for providing an age-appropriate privacy notice, and for complying with all applicable children's privacy laws. Leatra Technologies LTD does not verify respondent age.
• Removal: If we become aware that we hold personal data collected from a child in breach of applicable law, we will delete it. Report such cases to [email protected].

2. Service Description & Dual Modes

ZapPoll provides two distinct software services:

• Hosted Live Polls & Surveys: Real-time browser-rendered polling, audience interaction, RSVPs, and CSAT/NPS surveys. Each poll is published as either Anonymous, meaning it does not ask respondents who they are, or Identified, meaning it collects the identity fields the poll declares. That choice is locked once the first response is accepted.
• Forms Collection (Headless Endpoints): A secure, zero-server ingestion pipeline where developers direct standard HTML forms or HTTP clients to a dedicated ZapPoll endpoint to validate, envelope-encrypt at rest, and store submissions.

Every poll starts free with an included base response capacity allowance.

3. Creator Accounts, Workspaces & Security

To create and administer polls or form endpoints, creators must authenticate through our authentication gateway:

• Passwordless Access: Creators authenticate using single-use Email One-Time Passcodes (OTP) or Google single sign-on. ZapPoll does not store passwords.
• Workspaces: Polls, purchases, and data belong to a workspace. You are solely responsible for all activity, configuration, and transactions occurring within your workspace.
• Account Security: You must maintain strict control of your email account and access tokens. You must notify us immediately at [email protected] of any suspected compromise or unauthorized use.

4. Respondent Rules of Conduct

Respondents participate in polls or submit form data without creating a ZapPoll account:

• Zero Account Requirement: Respondents interact freely via shortlinks, QR codes, or external forms without entering the creator authentication boundary.
• Prohibited Conduct: Respondents must not inject malicious scripts (XSS), SQL injection payloads, executable binaries, or exploit endpoints via automated ballot-stuffing bots or scrapers.
• No Warranty on Identity: Leatra Technologies LTD does not verify the identity of respondents in public polls and bears no liability for unverified, false, or fraudulent answers.

5. Commercial Model & Per-Poll Purchases

ZapPoll operates under a transparent, zero-subscription commercial model:

• Scoping: Purchased capability grants (such as additional response capacity, advanced analytics, custom branding, or export add-ons) attach permanently to that single poll ID.
• No Cross-Poll Transfers: Grants cannot be moved to another poll, converted into account credits, or pooled across a workspace.
• Duplication: Duplicating a poll generates a new, distinct poll ID with its own free base allowance; purchased grants are not copied.
• Pricing: Prices are displayed at checkout based on our versioned catalog. The price you see at checkout is the price you pay.

6. Lifetime Response Capacity & Entitlements

Response capacity is defined as a lifetime count of accepted logical submissions for that specific poll:

• A submission is counted only once it passes boundary validation, abuse filters, and is durably persisted. Rejected or abandoned submissions do not consume capacity.
• When a poll reaches 100% of its lifetime response allowance, subsequent submissions are paused until the creator purchases additional capacity slots.
• Purchasing capacity adds permanent slots to that poll's lifetime counter; response slots never expire.

7. Refund, Withdrawal & Cancellation Policy

Because ZapPoll sells discrete, non-recurring capability grants that activate immediately upon payment settlement:

• Immediate Activation: When you purchase an entitlement (such as additional response capacity), the grant is provisioned to your poll immediately.
• Consumer Right of Withdrawal (EU/UK): Where you purchase as a consumer, you would ordinarily have 14 days to withdraw from a contract for digital content. At checkout you expressly request that we begin supplying the entitlement immediately and acknowledge that you thereby lose that right of withdrawal once supply has begun, to the extent permitted by Article 16(m) of Directive 2011/83/EU and equivalent UK law. If you have not given that consent, or supply has not begun, you may withdraw within 14 days by emailing [email protected].
• Refund Eligibility: If you experience a verified technical failure where a purchased entitlement was not provisioned to your poll, or if required by mandatory consumer protection law for unconsumed digital services, we will issue a refund upon request.
• Consumed Allowances: Refunds cannot be issued for response capacity that has already been consumed by accepted poll submissions.
• Request Procedure: To request a refund, email [email protected] with your workspace ID, poll ID, and payment invoice reference.
• Chargebacks: If you dispute a charge with your card issuer without first contacting us, we may suspend the affected workspace until the dispute is resolved. We ask that you raise the issue with us first — most disputes are resolved faster that way.

8. Acceptable Use & Prohibitions

You must comply with our dedicated Acceptable Use Policy. In summary:

Leatra Technologies LTD reserves the absolute right to suspend, terminate, or delete any endpoint, poll, or workspace that violates our Acceptable Use Policy, without prior notice, explanation, or refund.

9. Intellectual Property & Content Ownership

Your Data

You retain 100% ownership of all question text, form schemas, and submission data you upload or collect through ZapPoll. You grant Leatra Technologies LTD a limited, non-exclusive, worldwide license solely to host, encrypt, transmit, and process your data as necessary to provide the Services.

Company Intellectual Property

Leatra Technologies LTD retains all right, title, and interest in and to the ZapPoll software, architecture, APIs, designs, trademarks, and documentation. You may not reverse-engineer, decompile, copy, or redistribute our proprietary platform code.

Feedback

If you send us suggestions, feature requests, or other feedback, you grant Leatra Technologies LTD a perpetual, irrevocable, worldwide, royalty-free licence to use it without restriction or obligation to you. You are not required to send feedback.

Copyright Complaints & Takedowns

If you believe content hosted on ZapPoll infringes your copyright or other intellectual property rights, follow the notice-and-takedown procedure in our Acceptable Use Policy. We terminate the accounts of repeat infringers.

10. Availability & High-Risk Activities Exclusion

We strive to deliver resilient, high-performance infrastructure. However:

• The Services are provided on an “AS IS” and “AS AVAILABLE” basis.
• We may perform scheduled maintenance with advance notice where practicable.
• High-Risk Activities Exclusion: ZapPoll is not fault-tolerant and is NOT designed or intended for use in hazardous environments requiring fail-safe performance (such as emergency medical dispatch, life-support systems, nuclear facilities, aircraft navigation, or mission-critical defense operations).

11. Absolute Disclaimer of Warranties

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LEATRA TECHNOLOGIES LTD, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, SECURITY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) POLL RESULTS WILL BE ACCURATE, UNALTERED BY THIRD-PARTY FRAUD, OR COMPLETE; OR (D) ANY ERRORS OR DEFECTS WILL BE CORRECTED. YOU ASSUME FULL RISK FOR ANY USE OF THE SERVICES.

12. Comprehensive Liability Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• TOTAL EXCLUSION OF CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL LEATRA TECHNOLOGIES LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST REVENUE, LOSS OF GOODWILL, REPUTATIONAL DAMAGE, LOSS OF DATA, CORRUPTION OF RECORDS, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR ANY REGULATORY FINES INCURRED BY YOU.
• FINANCIAL LIABILITY CAP: UNDER NO CIRCUMSTANCES SHALL LEATRA TECHNOLOGIES LTD’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) FIFTY UNITED STATES DOLLARS ($50.00 USD) (OR ITS EQUIVALENT IN NIGERIAN NAIRA); OR (B) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO LEATRA TECHNOLOGIES LTD FOR THE SPECIFIC POLL GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
• THIRD-PARTY VENDOR IMMUNITY: LEATRA TECHNOLOGIES LTD SHALL HAVE NO LIABILITY WHATSOEVER FOR DOWNTIME, SECURITY BREACHES, OR FAILURES CAUSED BY UPSTREAM THIRD-PARTY INFRASTRUCTURE (INCLUDING CLOUDFLARE, HETZNER, OUR PAYMENT PROCESSOR, SUPROMAIL, OR TELECOMMUNICATION PROVIDERS).

If you deal with us as a consumer, the exclusions and caps above apply only so far as the mandatory consumer protection law of your country of residence allows. Those statutory rights are unaffected by these Terms.

13. Broad Customer Indemnification

You agree to fully defend, indemnify, and hold harmless Leatra Technologies LTD, its parent entities, subsidiaries, affiliates, and their respective directors, officers, employees, agents, successors, and assigns from and against any and all claims, demands, actions, lawsuits, regulatory investigations, liabilities, damages, judgments, settlements, fines (including data protection fines under NDPA, GDPR, or CCPA), penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

1. Your access to or use of the Services;
2. Any question, form schema, content, or media uploaded, hosted, or distributed by you;
3. Any data collected by you from respondents, including allegations of unlawful collection or lack of consent;
4. Your external website forms that submit data into ZapPoll form endpoints;
5. Your violation of these Terms, the Acceptable Use Policy, or applicable law;
6. Any claim that your content or forms infringe upon or violate the intellectual property, privacy, or statutory rights of any third party.

Leatra Technologies LTD reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate fully with our legal defense.

14. Term, Termination & Suspension

These Terms remain in effect until terminated:

• You may terminate at any time by closing your workspace and deleting your polls and endpoints.
• Before termination, you may export your collected responses in standard formats (CSV or JSON).
• We may suspend or terminate your account immediately and without notice if you breach these Terms, violate the Acceptable Use Policy, or create security or legal risks.
• After we terminate or suspend a workspace for reasons other than a breach of the Acceptable Use Policy, you have 30 days to export your collected responses before deletion.
• Sections 5, 8, 9, 11, 12, 13, 15, and 17 shall survive any termination of these Terms.

15. Governing Law & Mandatory Arbitration

Governing Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed exclusively in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles.

Mandatory Binding Arbitration: Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms, including any question regarding its existence, validity, interpretation, breach, or termination, shall be resolved exclusively through final and binding arbitration administered by the Lagos Court of Arbitration (LCA) in accordance with the LCA Arbitration Rules (or pursuant to the Nigerian Arbitration and Mediation Act 2023).

• The seat and venue of arbitration shall be Lagos, Nigeria.
• The language of the arbitration shall be English.
• The arbitration tribunal shall consist of a single arbitrator appointed in accordance with the LCA Rules.
• The arbitrator’s award shall be final, binding, and enforceable in any court of competent jurisdiction.

Class Action Waiver: YOU AND LEATRA TECHNOLOGIES LTD AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

• Consumers in the EU, UK, and similar jurisdictions: If you use the Services as a consumer, nothing here deprives you of the protection of your local mandatory consumer law, and you may bring proceedings in the courts of your country of residence. EU consumers may also use the European Commission's Online Dispute Resolution platform.
• Small claims: Either party may bring an individual claim in a small claims court of competent jurisdiction instead of arbitration, so long as the claim stays in that court and individual.
• Injunctive relief: Either party may seek interim or injunctive relief from a court to protect intellectual property or prevent unauthorized access, without waiving the arbitration agreement.
• Costs: Where the cost of arbitration would deny you a practical remedy, we will pay the arbitration filing fees for individual consumer claims.

16. Changes to These Terms

We may update these Terms as the Services, our business, or the law changes. Each version carries a version number and effective date in the header of this page.

• Material Changes: For changes that materially reduce your rights or increase your obligations, we will give at least 30 days' notice by email to the address on your workspace, or by a prominent notice in the application, before the change takes effect.
• Other Changes: Clarifications, corrections, and changes covering new optional features take effect when published.
• Your Choice: If you do not accept a change, you may stop using the Services and close your workspace before the effective date. Continuing to use the Services after that date means you accept the revised Terms.
• Already-Purchased Entitlements: A change to these Terms does not revoke capability grants you have already purchased for an existing poll.

17. Miscellaneous & Corporate Contact

Entire Agreement: These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Leatra Technologies LTD regarding the Services.

Severability: If any provision of these Terms is found invalid or unenforceable by an arbitrator or court, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force.

Force Majeure: Leatra Technologies LTD shall not be liable for failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, power outages, government actions, or internet backbone failures.

Assignment: You may not assign or transfer these Terms, or any rights under them, without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of substantially all of our assets, on notice to you.

No Waiver: A failure or delay in enforcing any provision of these Terms is not a waiver of that provision or of any other right.

No Third-Party Beneficiaries: These Terms confer no rights on any person other than you and Leatra Technologies LTD, except that the liability limitations in Section 12 extend to our directors, officers, employees, and affiliates.

Notices & Electronic Communications: You consent to receive contractual notices from us electronically, at the email address registered to your workspace or by notice inside the application. Keep that address current — notice is effective when sent. Legal notices to us go to [email protected].

Beta & Free Features: Features labelled beta, preview, or experimental, and any features provided at no charge, are supplied “AS IS” without warranty or support commitment, and may be changed or withdrawn at any time. Our liability for them is limited to the fullest extent permitted by law.

Third-Party Links & Integrations: The Services may link to or integrate with third-party websites and services that we do not control. We are not responsible for their content, practices, or terms, and your use of them is governed by their own agreements.