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General Terms and Conditions (GTC)

(Version 1.0)

§1 Scope of Application

  1. These General Terms and Conditions (GTC) apply to all Software-as-a-Service (SaaS) services offered under the “PollHero” brand by PollHero GmbH (hereinafter “PollHero”) to its contractual partners (hereinafter “Customer”).
  2. PollHero is exclusively directed at entrepreneurs within the meaning of §14 BGB (German Civil Code). Contracts with consumers are not concluded.
  3. Deviating, conflicting, or supplementary General Terms and Conditions of the Customer shall not become part of the contract unless PollHero expressly agrees to their validity in writing.
  4. These GTC apply in the version current at the time the contract is concluded, including for all future contracts between PollHero and the Customer.

§2 Definitions

For the purposes of these GTC, the following definitions apply:

  • PollHero Customer Account
    The central contract and administration account of the Customer with access to all booked plans, functions, surveys, user rights, and billing information.
  • Survey
    A survey created by the Customer, consisting of one or more questions, which is deployed via PollHero (Onsite, Embed, or Standalone).
  • Active Survey
    A survey that is technically activated and can collect responses from respondents.
  • Respondent / Participant
    A natural person who participates in a survey conducted by the Customer.
  • Response Data
    All responses submitted by participants, including free-text responses.
  • AI Functions
    Automated analysis and evaluation functions, specifically AI-based sentiment analysis, free-text categorization, management summaries, and recommendations for action.
  • Tariff / Price Plan
    The service package booked by the Customer (e.g., Free, Growth, Enterprise) with a defined scope of functions and usage.

§3 Subject Matter of the Contract

  1. PollHero provides the Customer with web-based software for the creation, deployment, and evaluation of digital surveys.
  2. The subject matter of the contract is exclusively the provision of the technical platform, including the respective booked functions. PollHero does not owe any specific results, insights, or economic success.
  3. The data and evaluations collected via PollHero do not represent statistically representative results unless expressly agreed otherwise.
  4. The use of AI functions serves exclusively as support for analysis. PollHero assumes no liability for the accuracy, completeness, or suitability of the evaluations or recommendations generated by AI.
  5. PollHero is entitled to further develop or adapt the functions, displays, and technical processes of the platform, provided that the contractually agreed core benefit is not significantly impaired.
  6. PollHero does not owe any specific availability or uninterrupted use of the platform.

§4 Remuneration, Billing, Payment Terms

  1. Remuneration is based on the tariff selected by the Customer and the prices valid at the time the contract is concluded.
  2. PollHero offers different tariffs, including a free tariff (“Free Plan”) with limited functionality and paid tariffs with an extended range of services.
  3. The specific scope of functions and services results from the respective booked tariff. Functions, limits, or usage options not included are not available to the Customer.
  4. Billing for paid tariffs occurs periodically in advance via the payment service provider selected by the Customer (currently Stripe).
  5. There is no entitlement to a refund of remuneration already paid if the Customer terminates the contract before the end of the respective billing period.
  6. All prices are net prices plus the applicable statutory value-added tax.

§5 Tariff Changes (Upgrades / Downgrades)

  1. The Customer may switch to a higher-value tariff (“Upgrade”) at any time during the contract term.
  2. An upgrade takes effect immediately. The extended range of functions is available to the Customer immediately after the tariff change. The upgrade is billed pro rata for the remaining billing period.
  3. A switch to a lower tariff or a shorter billing period (“Downgrade”) is possible at any time but will only take effect at the beginning of the next billing period.
  4. Until the downgrade takes effect, the previous tariff, including the associated scope of services and the obligation to pay remuneration, remains in place.
  5. A retroactive adjustment, credit, or refund of fees already paid due to a tariff change is excluded.

§6 Contract Duration, Termination

  1. The contract begins upon completion of the booking process and runs for an indefinite period unless otherwise agreed.
  2. Paid tariffs booked via the website or the PollHero Customer Account can be terminated monthly at the end of the respective billing period.
  3. Termination is carried out exclusively by the Customer via the PollHero Customer Account, unless an individual deviating agreement has been made.
  4. Upon the termination taking effect, access to paid functions ends. There is no entitlement to a refund of remuneration already paid.
  5. If services are provided on the basis of an individual offer or a separate agreement with a fixed term, the term specified in the offer applies. If no timely termination occurs at the end of the respective term, the contract is automatically extended by the term specified in the offer, unless otherwise regulated in the offer.
  6. Termination of such contracts must occur at least one month before the end of the respective term, unless otherwise agreed in the offer.
  7. Free tariffs (Free Plan) can be terminated by either party at any time without notice.
  8. The right to extraordinary termination for good cause remains unaffected.
  9. Individually agreed Enterprise contracts may otherwise deviate from the above provisions.

§7 Default of Payment, Suspension, Restriction of Services

  1. If the Customer defaults on the payment of due remuneration, PollHero is entitled to temporarily restrict or block access to paid functions until all outstanding claims have been settled.
  2. PollHero is also entitled to reduce the Customer’s scope of services to a restricted tariff (e.g., Free Plan) in the event of payment default.
  3. The obligation to pay for the originally booked tariff remains unaffected by this.
  4. The suspension, restriction, or reduction of the scope of services does not release the Customer from their payment obligation.
  5. For periods in which services are not available or only available to a limited extent due to payment default, there is no entitlement to reduction, refund, or compensation.
  6. PollHero reserves the right to extraordinarily terminate the contract for good cause in the event of continued payment default.

§8 Offsetting and Right of Retention

  1. The Customer is only entitled to offset against claims from PollHero if their counterclaims are undisputed or have been legally established.
  2. The Customer may only exercise a right of retention to the extent that their counterclaim arises from the same contractual relationship.

§9 Data Protection

  1. As a German provider, PollHero is bound by compliance with the German General Data Protection Regulation (DSGVO) based on the EU GDPR. PollHero collects and processes the data collected exclusively on servers and with systems that are subject to the EU GDPR.
  2. PollHero processes personal data exclusively in accordance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).
  3. PollHero provides its services exclusively using servers and IT infrastructure in Germany. Currently used hosting providers are, in particular, Hetzner Online GmbH and IONOS SE.
  4. Within the scope of using PollHero, PollHero processes personal data as a processor on behalf of the Customer. A corresponding Data Processing Agreement (DPA) will be provided to the Customer.
  5. The Customer is the data controller under data protection law for the surveys initiated by them and for the lawfulness of the collection and processing of the survey data. This includes, in particular, the fulfillment of information obligations and the obtaining of any necessary consent from participants.
  6. PollHero has no influence on the content of the surveys and does not decide on the type, scope, or categories of data collected by the Customer. PollHero exclusively processes the data that the Customer collects and inputs themselves within the scope of using the platform.
  7. The responsibility for the collection and processing of special categories of personal data within the meaning of Art. 9 GDPR lies exclusively with the Customer.
  8. The use of AI functions is based on the data collected by the Customer. PollHero assumes no responsibility for the evaluation, interpretation, or use of the evaluations or recommendations generated by AI.
  9. Further information on the scope of data processing, storage periods, and technical and organizational measures can be found in PollHero’s privacy policy and DPA.
  10. The Customer grants PollHero the non-exclusive right of use required for the execution of the contract for the data provided by the Customer.

§10 Obligations of the Customer

  1. The Customer is solely responsible for using PollHero exclusively in accordance with applicable law and these GTC.
  2. The Customer is responsible for ensuring that the surveys, questions, and content created by them do not violate the rights of third parties and, in particular, do not contain any illegal, discriminatory, or immoral content.
  3. The Customer ensures that the collection and processing of survey data is lawful. This includes in particular:
    • informing participants in accordance with Art. 13 GDPR,
    • the existence of a suitable legal basis,
    • obtaining any necessary consent.
  4. The Customer is responsible for the content design of the surveys and for the selection of the data categories collected. This applies in particular to the collection of special categories of personal data within the meaning of Art. 9 GDPR.
  5. The Customer indemnifies PollHero against all claims by third parties asserted due to illegal use of PollHero by the Customer.
  6. The Customer undertakes not to use PollHero improperly, in particular not for:
    • Spam,
    • misleading or deceptive surveys,
    • mass or automated submission of responses,
    • surveys with the aim of data harvesting or profiling without a legal basis.
  7. After termination of the contractual relationship, the Customer is obliged to remove all PollHero components, in particular integrated widgets, embeds, or other integrations, from their systems and not to continue any further access to the platform or interfaces of PollHero unless expressly permitted.
  8. Important communications from PollHero are made via the PollHero Customer Account and/or by email. The Customer shall ensure that the contact information provided is up to date and that corresponding communications are noted.
  9. The Customer is responsible for the technical integration and proper use of PollHero in their systems. PollHero assumes no liability for malfunctions resulting from incorrect integration, configuration, or use by the Customer.
  10. The Customer is obliged to keep the information stored in their PollHero Customer Account and Stripe, in particular billing-relevant and tax information as well as contact data, up to date and correct at all times. PollHero is not liable for disadvantages or damages resulting from incorrect or outdated information provided by the Customer.
  11. The Customer is responsible for backing up their own data. PollHero assumes no guarantee for the recoverability of data unless expressly agreed otherwise.

§11 Changes to Services and GTC

  1. PollHero reserves the right to further develop or adapt these GTC and the services offered, provided there are objective reasons for doing so, in particular:
    • technical developments,
    • legal or regulatory changes,
    • extensions or adjustments to the scope of functions.
  2. Changes will be communicated to the Customer in good time via the PollHero Customer Account or in a suitable electronic form.
  3. If the Customer does not object to the changes within 14 days of notification, they shall be deemed accepted.
  4. If the Customer objects in a timely manner, PollHero is entitled to terminate the contract at the time the changes take effect.

§12 Liability

  1. PollHero is liable without limitation in cases of intent and gross negligence, as well as for damages resulting from injury to life, body, or health.
  2. In cases of simple negligence, PollHero is only liable for the violation of essential contractual obligations (cardinal obligations) and limited to the contract-typical, foreseeable damage.
  3. Strict liability (liability without fault) pursuant to § 536a para. 1 BGB for defects existing at the time the contract is concluded is excluded.
  4. PollHero is not liable for impairments, restrictions, or obstacles to performance, as well as interruptions or disruptions of PollHero services and resulting disruptions based on circumstances outside PollHero’s area of responsibility.
  5. Liability for lost profits, missed savings, or other indirect damages is excluded.
  6. PollHero is specifically not liable for decisions made by the Customer based on the data, evaluations, or AI-generated content collected via PollHero.
  7. PollHero assumes no liability for the accuracy, completeness, or suitability of the survey results collected or AI-based evaluations.
  8. In any case, liability is limited to the amount of remuneration paid by the Customer in the last billing period.
  9. PollHero is not liable for services provided by third-party providers used to provide the contractual services, in particular not for payment service providers, hosting providers, or other external infrastructure services.

§13 Final Provisions

  1. The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. The place of performance and payment is the registered office of PollHero.
  3. The exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship is—to the extent permitted by law—the registered office of PollHero.
  4. Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
    In place of the invalid provision, such a provision shall be deemed agreed upon that comes closest to the economic purpose of the invalid provision.
  5. The parties undertake to keep confidential information that becomes known to them in connection with this contractual relationship secret and not to pass it on to third parties, unless there is a legal obligation to disclose it.