Terms of Service

1. Agreement to Terms

By accessing and using BrightTally ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

BrightTally is a subscription-based polling and survey platform that allows users to create, manage, and analyze polls and surveys. The Service includes both free and paid subscription tiers with varying features and limitations.

3. Subscription Plans and Billing

3.1 Free Plan

• 1 active poll at a time
• 500 total votes per poll
• Basic results and analytics
• "Powered by BrightTally" branding required
• No account registration required for basic use

3.2 Paid Plans

We offer the following paid subscription plans:

• Pro Plan ($19/month or $190/year): Up to 25 active polls, 10,000 votes per poll, remove branding, CSV export, basic analytics
• Agency Plan ($59/month or $590/year): Unlimited polls (reasonable cap), 100,000 votes per poll, advanced analytics, team accounts, API access
• Custom Enterprise Plans: Tailored solutions for high-volume needs, custom integrations, or enterprise requirements. Contact us for pricing and features.

3.3 Custom Enterprise Plans

For organizations with specific requirements that exceed our standard plans, we offer custom enterprise solutions including:

• Unlimited polls and votes with custom rate limiting
• Custom integrations with your existing systems
• Single Sign-On (SSO) and advanced security features
• White-label options and custom branding
• Dedicated support and Service Level Agreements (SLA)
• Custom data retention and compliance requirements
• On-premise deployment options (where applicable)

To discuss custom enterprise plans, please contact us through our contact form or email hello@brighttally.com with your specific requirements.

3.4 Billing and Renewal

• Subscriptions automatically renew unless cancelled before the next billing cycle
• Monthly plans are billed monthly; yearly plans are billed annually
• Yearly plans offer approximately 17% savings compared to monthly billing
• All fees are non-refundable except as required by law
• Prices may change with 30 days' notice to existing subscribers
• You authorize us to charge your payment method for all applicable fees

4. Cancellation and Data Retention

4.1 Cancellation

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of your current billing period
• You retain access to paid features until the end of your billing period
• No partial refunds are provided for unused portions of billing periods

4.2 Data Access After Cancellation

• Immediate Effect: Upon cancellation, you lose access to premium features and your account may revert to free plan limitations
• Data Retention: We retain your data for 30 days after cancellation as an incentive for account reinstatement
• Data Recovery: You may recover your data by resubscribing within the 30-day retention period
• Permanent Deletion: After 30 days, your data will be permanently deleted and cannot be recovered
• Data Export: We recommend exporting your data before cancellation if you wish to retain it

5. User Responsibilities

• Provide accurate and complete information when creating an account
• Maintain the security of your account credentials
• Use the Service in compliance with all applicable laws and regulations
• Not use the Service for illegal, harmful, or malicious purposes
• Respect the privacy and rights of poll respondents
• Not attempt to circumvent usage limits or security measures

6. Content and Data

6.1 Your Content

• You retain ownership of the polls, questions, and content you create
• You grant us a license to host, process, and display your content as necessary to provide the Service
• You are responsible for ensuring you have rights to all content you upload
• You may not upload content that violates our acceptable use policy

6.2 Poll Data and Analytics

• Poll responses and analytics data belong to the poll creator
• We do not use your poll data for advertising or marketing purposes
• We may use aggregated, anonymized data to improve our Service
• We implement appropriate security measures to protect your data

7. Vote Integrity and Anti-Manipulation

To maintain the integrity and fairness of polls on our platform, BrightTally implements various technical measures:

• Voting Limits: Poll creators can set voting limits (e.g., one vote per user or multiple votes up to a specified maximum)
• Session Tracking: Browser session identifiers are used to prevent duplicate voting within the same browser session
• IP Address Monitoring: Temporary IP tracking (1 hour limit) helps identify potential abuse while accommodating legitimate shared networks
• Device Fingerprinting: When enabled, poll creators can use device-based tracking for enhanced protection against manipulation
• Rate Limiting: Automatic protection against rapid-fire voting attempts
• Cross-Device Protection: Users who vote while logged in are tracked by their account across all devices

8. Acceptable Use Policy

You agree not to use the Service to:

• Create polls that are illegal, harmful, threatening, abusive, or discriminatory
• Collect personal information without proper consent
• Spam or send unsolicited communications
• Violate any intellectual property rights
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Use automated tools to abuse or overwhelm our systems
• Attempt to manipulate poll results through artificial voting, bots, or other fraudulent means

9. Service Availability

• We strive to maintain 99.9% uptime but do not guarantee uninterrupted service
• We may perform scheduled maintenance with reasonable notice
• We reserve the right to modify or discontinue features with notice
• We are not liable for service interruptions due to circumstances beyond our control

10. Limitation of Liability

To the maximum extent permitted by law, BrightTally shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.

11. Privacy and Data Protection

11.1 Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.

11.2 Data Collection and Processing

We collect and process data in the following ways:

• Account Data: Information you provide when creating an account (name, email, billing information)
• Poll Data: Poll questions, responses, and analytics data you create and collect
• Contact Data: Information submitted through our contact forms for customer support
• Usage Data: Information about how you use our service for analytics and improvement
• Technical Data: IP addresses, browser information, and device data for security and functionality

11.3 Data Security

• We implement industry-standard security measures to protect your data
• Data is encrypted in transit and at rest
• Access to your data is restricted to authorized personnel only
• We regularly audit our security practices and update them as needed
• In the event of a data breach, we will notify affected users as required by law

12. Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will notify users of material changes via email or through the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated terms.

13. Contact Information and Communication

13.1 Contact Methods

If you have any questions about these Terms of Service, please contact us using any of the following methods:

• Contact Form: Use our online contact form available on our website at contact
• Email: hello@brighttally.com
• Support: support@brighttally.com

13.2 Contact Form Data Collection

When you use our contact form, we collect the following information:

• Name and email address (required)
• Phone number and subject (optional)
• Your message content
• Source of contact (e.g., homepage, contact page)
• Technical information (IP address, user agent, referrer) for security and analytics purposes

13.3 Use of Contact Information

• We use your contact information solely to respond to your inquiry
• We may store your contact information for customer service and business purposes
• We do not sell, rent, or share your contact information with third parties without your consent
• We may use your contact information to send you important updates about our service (you can opt out at any time)
• Contact form submissions are typically responded to within 48 hours