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Terms & Conditions

Effective Date: 5 March 2026

Business Name: Smartpolls

Owner: Dhananjay Kadam

Business Structure: Sole Proprietorship

Jurisdiction: India

Website: https://smartpolls.in

1. Acceptance of Terms

By accessing or using Smartpolls ("Platform"), you agree to be legally bound by these Terms & Conditions. If you do not agree, you must discontinue use immediately.

Smartpolls reserves the right to modify these Terms at any time without prior notice. Continued use constitutes acceptance of updated Terms.

2. Nature of Service – Opinion Polling Platform Only

Smartpolls is strictly a digital opinion polling and survey platform. The platform is designed exclusively for:

  • Private polls
  • Feedback collection
  • Surveys
  • Non-binding opinion voting

Smartpolls is NOT:

  • A government-recognized election authority
  • An official election management body
  • A statutory election system
  • A substitute for legally regulated elections

Smartpolls does not conduct official elections of any kind. All polls hosted on the platform are non-binding and informational in nature.

3. No Election Administration Role

Smartpolls:

  • Hosts polls created by users
  • Provides digital infrastructure
  • Generates automated system-based results

Smartpolls does NOT:

  • Verify candidate eligibility
  • Validate voter identity beyond technical safeguards
  • Certify election results
  • Supervise election processes
  • Approve or monitor campaign activities
  • Guarantee regulatory compliance

Poll administrators are solely responsible for:

  • Poll content
  • Legal compliance
  • Regulatory permissions
  • Consequences arising from poll results

4. User Responsibilities

A. Poll Administrators Agree To:

  • Provide accurate and lawful information
  • Use the platform only for legitimate opinion-based polling
  • Ensure compliance with applicable Indian laws
  • Avoid misrepresenting polls as official elections
  • Obtain required internal approvals before conducting polls
  • Not upload illegal, defamatory, misleading, or harmful content

Poll administrators bear full legal responsibility for:

  • Content accuracy
  • Legal validity
  • Compliance obligations
  • Decisions made based on poll results

B. Voters Agree To:

  • Use only authorized voting links
  • Not attempt vote manipulation
  • Not use bots or automated systems
  • Not interfere with duplicate vote prevention systems

Unauthorized activity may result in suspension and legal action.

5. Strict Prohibited Activities

Users shall NOT:

  • Conduct government or statutory elections
  • Represent Smartpolls as an official election authority
  • Use the platform for legally regulated public elections
  • Attempt to hack, reverse-engineer, or disrupt the platform
  • Upload malicious software
  • Spread political misinformation
  • Circumvent security systems

Violation may result in immediate termination without notice.

6. Results Disclaimer

All poll results:

  • Are automatically system-generated
  • Are based solely on submitted digital votes
  • Reflect recorded inputs only

Smartpolls does not guarantee:

  • Authenticity of voter identity
  • Prevention of coordinated manipulation
  • Acceptance of results by third parties
  • Legal enforceability of results

Use of poll results is entirely at the user's own risk.

7. Limitation of Liability

To the fullest extent permitted under Indian law, Smartpolls and its owner, Dhananjay Kadam, shall NOT be liable for:

  • Direct or indirect damages
  • Financial or reputational losses
  • Election or poll disputes
  • Regulatory penalties incurred by users
  • Internet outages
  • Third-party hosting failures
  • Cyber attacks
  • Device malfunctions
  • Force majeure events

Total liability, if any, shall not exceed the amount paid for the service.

Use of the platform is entirely at your own risk.

8. No Warranty

The platform is provided on an "AS IS" and "AS AVAILABLE" basis. Smartpolls makes no warranties regarding:

  • Continuous availability
  • Error-free operation
  • Suitability for official election use
  • Accuracy of user-submitted data

9. Data & Privacy

Use of the platform is governed by the Smartpolls Data Privacy Policy.

While security measures such as encryption and fraud prevention tools are implemented, absolute security cannot be guaranteed.

10. Intellectual Property

All platform software, branding, design, and systems are the exclusive property of Smartpolls. Users may not:

  • Copy source code
  • Reproduce branding
  • Use trademarks without written consent

Unauthorized use may result in legal action.

11. Payment Terms (If Applicable)

  • Fees must be paid in advance unless agreed otherwise
  • Payments are non-refundable unless stated in writing
  • Enterprise services may require separate agreements

12. Suspension & Termination

Smartpolls reserves the right to:

  • Suspend accounts
  • Remove polls
  • Restrict access
  • Terminate services

Without prior notice if Terms are violated.

13. Indemnification

Users agree to indemnify and hold harmless Smartpolls, Dhananjay Kadam, and associated service providers from any claims, disputes, liabilities, penalties, or legal expenses arising from:

  • Misuse of the platform
  • Attempting to conduct regulated elections
  • False representations
  • Political disputes
  • Regulatory violations

14. Force Majeure

Smartpolls shall not be liable for delays or failures caused by:

  • Natural disasters
  • Cyber attacks
  • Government restrictions
  • Internet outages
  • Technical failures beyond reasonable control

15. Governing Law & Jurisdiction

These Terms shall be governed by the laws of India.

Any disputes shall fall under the exclusive jurisdiction of the courts in Maharashtra, India.

16. Contact Information

Owner: Dhananjay Kadam

Business Name: Smartpolls

Email: contact@smartpolls.in

Website: https://smartpolls.in

Final Legal Statement

By using Smartpolls, you acknowledge and agree that:

  • Smartpolls is an opinion polling platform only
  • It is NOT an official election system
  • Poll administrators are fully responsible for their polls
  • All results are system-generated
  • Smartpolls cannot be held liable for any consequences arising from poll usage