Terms of Service

1. Acceptance of Terms

Welcome to VotesZ. These Terms of Service ("Terms") govern your access to and use of the VotesZ mobile application, website (votesz.com), and related services (collectively, the "Service"), operated by VotesZ B.V., a company registered in Amsterdam, the Netherlands. By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 13 years old to use VotesZ. If you are between 13 and 16, you may need parental or guardian consent depending on your jurisdiction. By using the Service, you represent that you meet these age requirements and that all information you provide is accurate and truthful. Users from countries subject to international sanctions (including but not limited to North Korea, Iran, Syria, Cuba, Russia, and Belarus) are not permitted to use the Service.

3. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Provide accurate and complete information during registration.
• Keep your password secure and not share it with others.
• Notify us immediately at [email protected] if you suspect unauthorized access to your account.
• Not create more than one account per person.
• Not use another person's account without their permission.

We reserve the right to suspend or terminate accounts that violate these Terms.

4. The Service

VotesZ is a photo-voting platform where users vote on posts from friends and businesses. Users can create personal posts to get opinions from their network, and businesses can create posts to gather consumer feedback on products, designs, and ideas.

Demographic Statistics: when people vote on a post, the post creator receives aggregated statistics about the voters, including a breakdown by country, age group, and gender. The demographic information used (gender, birth year, and country) is information you optionally provide. Providing your gender and birth year is optional — you may choose "prefer not to say" or leave them blank, and you can update them at any time in your profile. These statistics never reveal your identity or how you voted. On polls with very few voters, an aggregated breakdown may be coarse and could in some cases be associable with an individual; if you do not want your demographic details reflected in any breakdown, do not provide them. By providing demographic information, you consent to its use in this aggregated form. Full details are in our Privacy Policy.

The Service is provided "as is" and "as available." We may modify, suspend, or discontinue any part of the Service at any time without prior notice. We do not guarantee uninterrupted or error-free operation of the Service.

5. User Content

You retain ownership of the content you create and upload to VotesZ (photos, text, comments). However, by posting content on VotesZ, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your content in connection with operating, promoting, and improving the Service. This license continues even if you stop using the Service, with respect to content already shared with other users or used in aggregated/anonymized form.

You represent that you own or have the necessary rights to all content you post, and that your content does not infringe the rights of any third party.

6. Shop Money & Earnings

Users may earn "shop money" by voting on eligible business posts where they fall within the specified target audience. Important terms regarding shop money:

• Shop money is NOT real currency and has no cash value.
• Shop money can only be redeemed for coupon codes from participating businesses on VotesZ.
• Shop money balances cannot be transferred between users or converted to cash.
• Shop money may expire if your account is inactive for an extended period.
• VotesZ reserves the right to adjust, suspend, or revoke shop money balances in cases of fraud, abuse, system errors, or violation of these Terms.
• The availability of coupon codes depends on participating businesses and their inventory. VotesZ does not guarantee that coupons will always be available.
• VotesZ is not responsible for the value, validity, or usability of coupon codes provided by businesses.

7. Business Accounts & Billing

Businesses can create accounts to post photo content and gather consumer feedback. Business accounts are subject to the following additional terms:

• Free Starter plan available; optional paid plans (Growth at EUR 49 per month, Pro at EUR 99 per month) with additional features.
• Commission-based billing: businesses pay a percentage commission on the shop money distributed to voters. Commission rates depend on the subscription plan: 3.5% (Starter), 2.5% (Growth), or 1.5% (Pro).
• All payments are processed securely via Stripe. By subscribing to a paid plan, you agree to Stripe's terms of service. VotesZ does not store your credit card details.
• Subscription fees are billed monthly in advance. Commission charges are calculated and billed at the end of each billing period based on actual shop money distributed during that period.
• Invoices are generated monthly and are available in the app and brand dashboard. Overdue payments may result in suspension of posting privileges.
• Business accounts are responsible for uploading valid coupon codes and honoring them with their customers.
• VotesZ offers a one-time launch credit of EUR 200 in commission-free shop money distribution for new business accounts. This credit is promotional, non-transferable, non-cashable, and may be revoked if the account is terminated.
• Businesses may invite team members to manage their dashboard. Each team member must have their own VotesZ account.
• Subscription fees and commissions are generally non-refundable except as described in Section 9 (Refund Policy) or as required by applicable law.

8. Cancellation Policy

You may cancel your paid subscription at any time through Settings, Billing in the app or brand dashboard.

• Cancellation takes effect at the end of your current billing period. You will continue to have access to your paid plan features until that date.
• No pro-rata refunds are provided for partial billing periods.
• After cancellation, your account will automatically downgrade to the free Starter plan.
• All shop money earned by voters on your posts remains available to them after your downgrade. You remain responsible for honoring any coupon codes that were distributed before cancellation.
• Active posts will remain live until their scheduled expiration date, even after downgrade.
• You may re-subscribe to a paid plan at any time.
• If you wish to delete your business account entirely, you may do so through Settings or by contacting [email protected]. Account deletion is subject to our Privacy Policy and data retention requirements.

9. Refund Policy

Subscription fees and commission charges are generally non-refundable. However:

• All paid plans start with a 7-day trial period for EUR 1. If you cancel during the trial period, you will not be charged the full subscription fee. The EUR 1 trial fee is non-refundable.
• If you are a new business subscriber and request a refund within 7 calendar days of your first full payment (after the trial), we may consider your request on a case-by-case basis, provided no significant shop money has been distributed during that period.
• To request a refund, contact us at [email protected] with your account details and the reason for your request. We aim to respond within 7 business days.
• Approved refunds will be processed to the original payment method via Stripe.
• Shop money that has already been earned by voters cannot be refunded to the business after distribution, as it has been credited to the voters' accounts.
• Unused shop money that has been redeemed by a voter as a voucher code is subject to the respective business's own refund and return policy. VotesZ is not responsible for the terms of voucher redemption.
• Launch credit (EUR 200) is a promotional benefit and is non-refundable.
• VotesZ reserves the right to issue refunds, credits, or adjustments at its sole discretion in cases of billing errors, service outages, or other exceptional circumstances.

10. Disputes & Chargebacks

If you have a question or concern about a charge on your account, please contact us at [email protected] before initiating a dispute with your bank or payment provider.

• We aim to resolve all payment disputes within 14 business days of receiving your inquiry.
• Initiating a chargeback or payment reversal through your bank without first contacting VotesZ may result in immediate suspension of your account and forfeiture of any remaining launch credit or promotional benefits.
• If a chargeback is filed and subsequently resolved in VotesZ's favor, we reserve the right to charge a reasonable administrative fee to cover processing costs, to the extent permitted by applicable law.
• Repeated or fraudulent chargebacks may result in permanent account termination.
• Nothing in this section limits your rights under applicable consumer protection laws, including the right to dispute unauthorized charges with your bank.

11. Points & Leaderboard

VotesZ may offer a points and leaderboard system as part of promotional programs. Points are earned through eligible activities (such as creating your first post, voting, or referring new users). Points:

• Have no monetary value and cannot be exchanged for cash.
• May be used to determine leaderboard rankings and eligibility for promotional prizes.
• Are subject to change, adjustment, or reset at VotesZ's discretion.
• May be revoked in cases of fraud, abuse, or violation of these Terms.

Promotional prizes, if offered, are subject to separate terms and conditions communicated at the time of the promotion.

12. Prohibited Conduct

You agree NOT to:

• Create multiple accounts or use automated tools (bots, scripts) to interact with the Service.
• Manipulate votes, points, referrals, or any other aspect of the Service through fraudulent means.
• Post content that is illegal, infringing, defamatory, obscene, threatening, or that constitutes hate speech, harassment, or discrimination.
• Impersonate any person or entity, or misrepresent your affiliation.
• Upload viruses, malware, or other harmful code.
• Scrape, crawl, or harvest data from the Service without written permission.
• Interfere with the operation of the Service or its infrastructure.
• Use the Service for any unlawful purpose.
• Circumvent any security measures, rate limits, or access controls.
• Sell, transfer, or sublicense your account or any rights under these Terms.

Violations may result in immediate account suspension or termination, forfeiture of earnings and points, and potential legal action.

13. Intellectual Property

The VotesZ name, logo, design, and all related trademarks, service marks, and trade dress are the property of VotesZ B.V. All software, text, images, graphics, and other materials provided through the Service (excluding user content) are owned by or licensed to VotesZ and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service or its content without our prior written consent.

14. Third-Party Services & Links

The Service may contain links to third-party websites, apps, or services that are not owned or controlled by VotesZ. We are not responsible for the content, privacy policies, or practices of any third-party services. Your interactions with third-party services are governed by their respective terms and policies.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VOTESZ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOTESZ B.V., ITS DIRECTORS, EMPLOYEES, PARTNERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO VOTESZ IN THE 12 MONTHS PRECEDING THE CLAIM, OR EUR 100, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. Indemnification

You agree to indemnify, defend, and hold harmless VotesZ B.V. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

18. Account Termination

You may delete your account at any time through the app settings or by contacting us at [email protected]. Upon deletion, your personal data will be removed in accordance with our Privacy Policy.

We reserve the right to suspend or permanently terminate your account, without prior notice, if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or if required by law. Upon termination, your right to use the Service ceases immediately, and any accrued shop money or points may be forfeited.

19. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws provisions. Any disputes arising out of or relating to these Terms or the Service shall be submitted to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.

If you are a consumer in the European Union, you may also be entitled to submit a dispute to the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

20. Changes to These Terms

We may revise these Terms from time to time. When we make material changes, we will notify you through the app, by email, or by posting a notice on our website at least 30 days before the changes take effect. Your continued use of VotesZ after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and delete your account.

21. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and VotesZ B.V. regarding the Service and supersede all prior agreements and understandings.

23. Contact

If you have questions about these Terms of Service, please contact us:

VotesZ B.V.

Amsterdam, the Netherlands

KvK: 71374086

BTW: NL858690949B01

Email: [email protected]

Website: votesz.com