Vottee Terms and Conditions of Use

1. About the Platform

Vottee is a web application that allows users to create polls, share them via public links, collect votes, and, where available, upload images or other permitted content in connection with polls. Poll results are private and visible only to the poll creator and any contributors they have invited, subject to the functionality of the Platform.

We currently offer the Platform free of charge. We reserve the right to introduce premium features or subscription-based tiers at any time. Where we do so, additional terms may apply and will be communicated to you before any charge is incurred.

We may modify, suspend, withdraw, limit, or discontinue any part of the Platform, its features, or its functionality at any time, temporarily or permanently, including for maintenance, updates, security, operational reasons, or business reasons. Where practicable, we will provide reasonable notice of material changes.

2. Eligibility and Age Requirements

2.1 To create a Vottee account or complete any guest or verification form on the Platform, you must be at least 16 years of age.

2.2 If you are under 16, you must have the express consent of a parent or guardian before registering or submitting any form on the Platform. By registering or submitting a form, you confirm that you meet this requirement.

2.3 We reserve the right to suspend or terminate any account where we have reasonable grounds to believe the age requirement has not been met and the required parental or guardian consent has not been obtained.

3. Account Registration

3.1 To access certain features of the Platform, you must register for an account by providing your name and email address.

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

3.3 You must provide accurate and current information at the time of registration and keep your account details up to date.

3.4 You must not create an account on behalf of another person without their express authorisation.

3.5 If you become aware of any unauthorised use of your account, you must notify us immediately at admin@snowyden.com.au.

4. Account Deletion

4.1 You may delete your account at any time by following the account deletion process available within the Platform settings.

4.2 Upon deletion of your account, all polls created by you will be permanently deleted, along with any associated data, subject to clause 4.3. This action is irreversible.

4.3 We may retain certain information after account deletion where required by law or for legitimate compliance, security, fraud prevention, dispute resolution, record-keeping, or enforcement purposes, including parental consent records as described in our Privacy Policy.

5. Acceptable Use

5.1 You agree to use the Platform only for lawful purposes and in accordance with these Terms.

5.2 You must not use the Platform to:

• create polls that are defamatory, harassing, threatening, obscene, hateful, discriminatory, misleading, or otherwise unlawful;
• include the personal information of any individual without their consent, including names, contact details, images, or other identifying information;
• include the name, image, likeness, or other identifying information of a minor or any person unable to provide their own consent as a poll option or in any poll content without first obtaining the required consent through the consent process described in our Privacy Policy or otherwise approved by us in writing;
• impersonate any person or entity or misrepresent your affiliation with any person or entity;
• distribute spam, unsolicited communications, or malicious content;
• attempt to gain unauthorised access to any part of the Platform or its underlying systems;
• interfere with or disrupt the integrity, security, or performance of the Platform;
• use automated tools, bots, or scripts to access or interact with the Platform without our prior written consent;
• collect or harvest personal information of other users without their consent; or
• upload, submit, or make available any content that infringes intellectual property rights, privacy rights, confidentiality obligations, or any other rights of a third party.

5.3 We are not obliged to pre-screen or actively monitor polls or other User Content. However, we reserve the right, in our sole discretion and at any time, to review, refuse, remove, disable access to, or restrict any poll, Image, or other content that we consider breaches these Terms, our Privacy Policy, applicable law, or is otherwise inappropriate or creates legal, privacy, safety, security, or reputational risk.

5.4If the Platform permits you to upload, submit, attach, or display any image, photograph, graphic, logo, screenshot, avatar, or other visual content in connection with a poll or your account ("Images"), those Images form part of your User Content and are subject to these Terms.

5.5 You must not upload, submit, or make available any Image unless:

• you own the Image or have all rights, licences, permissions, and consents necessary to upload and use it on the Platform;
• the Image does not infringe any intellectual property rights, privacy rights, personality rights, confidentiality obligations, or any other rights of any person;
• the Image does not contain unlawful, defamatory, harassing, threatening, obscene, hateful, discriminatory, misleading, or otherwise inappropriate material; and
• where the Image contains, depicts, relates to, or could reasonably identify a person, you have obtained all consents required by applicable law and these Terms.

6. Minor Data and Protected Person Content

6.1Adding the name of a minor (a person under 16 years of age) or any person unable to consent to their name being entered as a poll option, or uploading any Image or other content that contains, depicts, names, identifies, or is reasonably capable of identifying a minor or any person unable to provide their own valid consent, without first obtaining express written parental or guardian consent, or the consent of the person's authorised representative, through the Platform's consent process described in our Privacy Policy or otherwise approved by us in writing, is strictly prohibited.

6.2 For the purposes of clause 6.1, content may identify a person even if their full name is not included, including where the person may be identified by their face, likeness, school uniform, team uniform, location, context, associated text, or any other distinguishing feature.

6.3 Breach of clause 6.1 may result in immediate suspension or termination of your account, removal of the relevant poll, Image, or other content, and, where required or permitted by law, notification to relevant authorities.

6.4 If you become aware of any poll, Image, or other content on the Platform that may include the name, image, or identifying information of a minor or other person without the required consent, you may report it using the report function available on the Platform or by contacting us at admin@snowyden.com.au. We will investigate reports and may take any action we consider appropriate.

7. User-Generated Content and Licence

7.1You retain ownership of all content you create on the Platform, including polls, poll options, Images, and any other material you submit ("User Content").

7.2 By submitting User Content to the Platform, you grant us a non-exclusive, royalty-free, worldwide licence to:

• store, host, cache, reproduce, format, compress, transmit, display, and otherwise use your User Content to the extent reasonably necessary to operate, secure, administer, and improve the Platform and to provide the Platform's functionality to you and your invited contributors and voters;
• remove, redact, crop, obscure, disable access to, or otherwise deal with User Content where we consider it necessary to enforce these Terms, comply with law, respond to complaints, or reduce legal, privacy, safety, security, or reputational risk; and
• use aggregated, de-identified poll data to analyse Platform usage, improve Platform features, and develop new functionality.

7.3 This licence does not permit us to sell your User Content to third parties or use it for purposes unrelated to the operation, security, administration, and improvement of the Platform.

7.4 You represent and warrant that:

• you own or have the necessary rights to submit your User Content, including any Image;
• where your User Content includes personal information or depicts any identifiable individual, you have obtained all required notices, permissions, and consents, including parental or guardian consent where required;
• your User Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party; and
• your User Content complies with these Terms and all applicable laws.

8. Poll Visibility and Results

8.1 Polls are accessible publicly via a shareable web link. Any person with the link may vote in a poll.

8.2 Poll results are private. Results are visible only to the poll creator and any contributors the creator has invited. Voters can see the name of who voted, but cannot access full poll results unless granted contributor access.

8.3 We do not guarantee the accuracy, completeness, integrity, or reliability of poll results. Poll results are provided for informational purposes only.

9. Disclaimer — Poll Content and Results

9.1 Vottee is a platform that enables users to create and share polls and upload User Content. We do not create or endorse User Content and are not obliged to pre-approve, actively monitor, or verify User Content, although we may review and remove User Content in accordance with these Terms.

9.2 To the maximum extent permitted by law, we expressly disclaim all responsibility and liability for:

• the content of any poll or other User Content created or uploaded by a user;
• the accuracy or reliability of any poll results;
• any decisions made, actions taken, or outcomes arising from the use of or reliance on any poll, Image, User Content, or poll results; and
• any loss, damage, harm, or consequence, whether direct, indirect, consequential, or otherwise, resulting from participation in or reliance on any poll conducted through the Platform.

9.3 Users create polls and upload User Content independently. Neither Vottee, Snowyden Software, JTC Software Pty Ltd, nor any of their directors, officers, employees, or contractors are responsible for the results or outcomes of any poll conducted through the Platform or for User Content uploaded by users.

9.4 You use the Platform, polls, User Content, and poll results at your own risk. We strongly recommend that no significant decision be made solely on the basis of a Vottee poll result.

10. Subscriptions and Payments

10.1 Where premium features or subscription plans are made available on the Platform, the following terms apply.

10.2 Subscriptions are billed on a recurring basis, monthly or annually, as selected at the time of purchase, and will automatically renew at the end of each billing period unless cancelled before the renewal date.

10.3 You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to premium features until the end of the period for which you have paid.

10.4 Payments are processed by Adapty, powered by Stripe. By subscribing, you authorise us to charge your nominated payment method on a recurring basis. You are responsible for ensuring your payment details remain current.

10.5 We reserve the right to change subscription pricing at any time. Where we increase pricing, we will provide you with reasonable notice before the change takes effect. Continued use of the Platform after the effective date of a price change constitutes your acceptance of the new pricing.

11. Refunds and Consumer Guarantees

11.1 Our services come with guarantees that cannot be excluded under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law. You are entitled to a refund or other remedy where a service fails to meet a consumer guarantee.

11.2 Subject to your rights under the Australian Consumer Law:

• where a subscription fee has been charged and the Platform has been made available to you for the relevant billing period, we do not offer refunds for change of mind or partial use of the subscription period;
• where a major failure occurs, for example where the Platform is wholly unavailable for a substantial portion of your billing period due to our fault, you may be entitled to a refund of the affected portion of your subscription fee; and
• requests for refunds on the basis of a major failure must be submitted to admin@snowyden.com.au with details of the failure.

11.3 Nothing in these Terms limits or excludes any right or remedy you may have under the Australian Consumer Law that cannot be lawfully excluded.

12. Intellectual Property

12.1 All intellectual property in the Platform, including its design, software, branding, documentation, and underlying technology, is owned by or licensed to us. Nothing in these Terms transfers any intellectual property rights to you.

12.2 You must not copy, reproduce, modify, distribute, create derivative works from, reverse engineer, decompile, or otherwise attempt to extract the source code of any part of the Platform, except to the extent permitted by law.

12.3 The Vottee name, logo, and associated branding are the property of Snowyden Software (JTC Software Pty Ltd). You must not use our branding without our prior written consent.

13. Third-Party Services

13.1The Platform may integrate with or rely on third-party services, including Supabase, Adapty, Stripe, Google AdMob, and Resend. Your use of those services may be subject to the relevant third party's terms of service and privacy policy.

13.2 We are not responsible for the availability, accuracy, security, or conduct of any third-party service. Any issues with third-party services should be directed to the relevant provider where appropriate.

13.3 Some features of the Platform may be affected by outages, delays, interruptions, policy changes, or functionality changes in third-party services. We are not liable for losses arising from those matters, subject to any rights you may have under the Australian Consumer Law.

13.4Google AdMob may serve personalised advertisements based on your browsing behaviour. You may opt out of personalised advertising through your browser or device settings, or via Google's ad settings.

14. Suspension and Termination

14.1 We may suspend or terminate your account, with or without notice, if:

• you breach any provision of these Terms;
• you upload or make available any Image or other User Content that breaches these Terms or our Privacy Policy;
• you include the name, image, likeness, or other identifying information of a minor or a person unable to consent without the required parental, guardian, or authorised representative consent;
• we have reasonable grounds to believe your use of the Platform is unlawful or harmful to other users or third parties;
• you provide false or misleading information during registration; or
• we are required to do so by law.

14.2 Upon termination, your right to access the Platform ceases immediately. We may delete or disable access to polls, Images, User Content, and associated account data in accordance with clause 4.2, subject to any lawful retention obligations.

14.3 We may also terminate or suspend access to the Platform for all users if we cease to operate the Platform, with reasonable notice where practicable.

15. Limitation of Liability

15.1 To the maximum extent permitted by law, our total liability to you for any loss or damage arising out of or in connection with your use of the Platform, whether in contract, tort, statute, or otherwise, is limited to the amount you paid us in the 12 months preceding the event giving rise to the claim, or $100 AUD, whichever is greater.

15.2 To the maximum extent permitted by law, we exclude all liability for:

• indirect, incidental, special, or consequential loss or damage;
• loss of profits, revenue, data, goodwill, or business opportunity;
• any loss or damage arising from your reliance on poll content, Images, User Content, or poll results created or uploaded by other users; and
• any loss or damage arising from the acts or omissions of third-party service providers.

15.3 Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law, that cannot lawfully be excluded or limited.

16. Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, disclosure, storage, and handling of your personal information as described in the Privacy Policy.

You are responsible for ensuring that any personal information, including any name, image, likeness, or other identifying information that you submit through the Platform, has been collected and disclosed lawfully and with any required consents.

17. Changes to These Terms

17.1We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of these Terms and, where practicable, notify you by email or by notice on the Platform.

17.2 Continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms.

17.3 If you do not agree to the updated Terms, you must stop using the Platform and may delete your account in accordance with clause 4.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia in respect of any dispute arising out of or in connection with these Terms.

19. Contact Us

For any questions, complaints, or notices under these Terms, please contact:

Snowyden Software (JTC Software Pty Ltd)
Email: admin@snowyden.com.au