Algemene voorwaarden

These Terms of Service (the "Terms") govern access to and use of Votinova (the "Platform"), a software service for interactive presentations and real-time audience voting, provided by:

Atbion OÜ — a limited liability company (Osaühing) incorporated under Estonian law, with registry code 16890390, VAT number EE102728154 and registered office at Ahtri tn 12, Kesklinna linnaosa, Tallinn 15551, Harju maakond, Estonia ("Atbion", "we").

By registering an account, subscribing to a plan or using the Platform, the Customer agrees to be bound by these Terms. If the Customer does not agree, they must not use the Platform.

These Terms apply both to Customers acting as businesses or professionals ("B2B") and to those acting as consumers ("B2C"). Where a provision applies only to one of these groups, this will be expressly indicated. The mandatory rights granted to consumers by European Union law prevail over any provision that contradicts them.

• Platform / Votinova: the software service operated by Atbion, accessible at https://votinova.com, its web and mobile applications, the add-in for Microsoft PowerPoint and the corresponding application programming interfaces (API).
• Customer: the natural or legal person who registers an account or subscribes to the Platform.
• Organisation: the account and billing unit to which the Customer and its members belong.
• User: any authorised person who accesses the Platform with an account (the Customer or a member of its Organisation).
• Presenter: the User who creates, imports or runs interactive presentations and sessions.
• Participant: the person who joins a session to answer the questions (the "Audience"). The Participant is not necessarily a registered User.
• Session: the live running of an interactive presentation in which the Audience responds in real time.
• User Content: the content that Users or Participants create, upload or contribute to the Platform (presentations, questions, imported files, responses, Q&A contributions, etc.).
• Plan: the subscription tier contracted (FREE, PRO, TEAM or ENTERPRISE).
• Event pass: a single-use purchase that enables a session or a given volume of participants.

3.1. To register an account, the Customer must have the legal capacity to enter into a binding contract under their applicable law. Consumer Customers must be of legal age in their country of residence.

3.2. Where a User registers an account on behalf of a business or organisation, they represent that they are duly authorised to bind that entity to these Terms.

3.3. The Platform is intended for professionals, businesses and consumers who use interactive presentations (for example, trainers, educators, work teams and event organisers). The Platform is not directed at minors and does not knowingly collect data from minors as account holders.

4.1. Votinova enables the Presenter to create or import presentations with interactive questions —such as multiple choice, scales, NPS, word cloud, open questions (Q&A), scored quizzes, ranking, numeric estimation or heatmaps on images—, to run live sessions from the web or from Microsoft PowerPoint, and for the Audience to respond in real time while instantly viewing the aggregated results.

4.2. Participants join a session by entering a code or scanning a QR code, anonymously by default and without the need for an account, or via the mobile application.

4.3. Atbion provides the software service directly to the Customer. Votinova is not a marketplace or an intermediary between third parties and does not take part in contracts or payments between users.

4.4. Atbion may improve, modify or discontinue features of the Platform. Changes that substantially reduce the features of a current paid Plan will be communicated with reasonable advance notice and, where applicable, will give rise to the remedies provided for in clause 18 and in the Payments and Refunds Policy.

5.1. The Customer is responsible for the accuracy of their account data and for the confidentiality of their credentials. Access is by email and password, or by logging in with Google or Apple. Enabling two-step verification is recommended.

5.2. All activity carried out through the account is deemed to have been carried out by its holder. The Customer must notify Atbion (hello@atbion.com) without delay of any unauthorised use.

5.3. Each account belongs to an Organisation. The User who registers is the owner (OWNER) of their Organisation and may invite other members with the roles of administrator (ADMIN) or presenter (PRESENTER). Billing is the responsibility of the Organisation's owner.

5.4. The Customer is responsible for the use made by the members of its Organisation and for ensuring that they comply with these Terms.

6.1. The Platform is offered through subscription Plans (FREE, PRO, TEAM, ENTERPRISE) and single-use Event passes. The features and limits of each Plan are described on the Platform at the time of subscription.

6.2. Payments are processed through Stripe. The terms relating to prices, taxes (VAT), invoicing, renewal, withdrawal and refunds are set out in the Payments and Refunds Policy, which forms an integral part of these Terms.

6.3. Unless otherwise indicated, subscriptions renew automatically for periods equivalent to the one contracted, until cancelled in accordance with the Payments and Refunds Policy.

6.4. The FREE Plan may be subject to usage limits. Atbion may apply Plan limits when starting a session or when admitting Participants; when a limit is reached, an option to upgrade the Plan will be offered.

7.1. The Customer and Users undertake to use the Platform lawfully and in accordance with these Terms, the Content and Moderation Policy and the Code of Conduct.

7.2. In particular, the following is prohibited:

(a) Using the Platform for unlawful purposes or to disseminate unlawful, infringing, defamatory content, or content that incites hatred or violence, or that infringes the rights of third parties. (b) Impersonating third parties or misrepresenting affiliation with persons or organisations. (c) Interfering with the operation of the Platform, circumventing its limits or security measures, or fraudulently manipulating the results of a vote. (d) Applying data mining or mass data extraction techniques (scraping), or reverse-engineering the software, except to the extent permitted by law. (e) Using the Platform to send unsolicited communications (spam) or malicious software.

7.3. Atbion may adopt proportionate measures against breaches, in accordance with clause 17 and the Content and Moderation Policy.

8.1. The Customer and Users retain ownership of their User Content. Atbion does not claim ownership of such content.

8.2. For the sole purpose of providing the service, the User grants Atbion a limited, non-exclusive, worldwide and royalty-free licence to host, store, process, reproduce, technically transform (for example, to convert presentations into its internal display format) and display the User Content to the Audience of the relevant session. This licence ends when the content is deleted, except as necessary for backups or legal compliance.

8.3. The User represents and warrants that they hold the necessary rights over the User Content they upload and that its use on the Platform does not infringe the rights of third parties or applicable law.

8.4. Atbion does not monitor User Content on a prior and general basis, but it applies moderation —including automated filters and human review— in accordance with the Content and Moderation Policy, and it may remove content or disable access to it in accordance with that policy and with Regulation (EU) 2022/2065 (DSA).

9.1. Participants access the sessions organised by the Customer. The Customer is responsible for the session it runs and for the processing of its Participants' data (see clause 11).

9.2. Participants must use the voting feature in a respectful and lawful manner. The content they contribute (for example, open responses or Q&A questions) is subject to the Code of Conduct and to the moderation of the Presenter and of the Platform.

9.3. Atbion may limit or block participation that is abusive, fraudulent or contrary to these Terms.

10.1. The Platform, its software, its presentation-conversion engine, its interfaces, its design, its trade marks ("Votinova" and "Atbion") and other elements are the property of Atbion or its licensors and are protected by intellectual and industrial property law.

10.2. Atbion grants the Customer a limited, non-exclusive, non-transferable and revocable right to use the Platform, in accordance with its Plan and these Terms, for the duration of the contract.

10.3. The details of the intellectual property regime, including the infringement notification procedure, are set out in the Intellectual Property Policy.

11.1. The processing of personal data by Atbion is governed by the Privacy Policy.

11.2. With respect to the account data of the Customer and of the members of its Organisation, Atbion acts as controller.

11.3. With respect to the Participants' data processed during the Customer's sessions, the Customer is the controller and Atbion acts as processor, processing such data on behalf of and according to the instructions of the Customer. These processing terms are governed by the Data Processing Agreement, which is incorporated into these Terms when the Customer processes Participants' personal data.

12.1. Atbion makes reasonable efforts to keep the Platform continuously available, but the Platform is provided "as available" and may be subject to interruptions due to maintenance, updates or causes beyond Atbion's control.

12.2. Any specific service level commitment (SLA) applicable to an ENTERPRISE Plan will be agreed separately and will prevail, for that Customer, over the general provisions of this clause.

12.3. Support is provided by email (hello@atbion.com) and through the Platform's help system.

13.1. Customers acting as consumers have a right of withdrawal of fourteen (14) calendar days from the conclusion of the contract, in accordance with Directive 2011/83/EU, without the need to give any reason.

13.2. However, when subscribing to a Plan or an Event pass with immediate access, the consumer expressly requests that the supply of the digital service begin before the withdrawal period expires and acknowledges that, once the service has been fully performed, or its supply has begun with such consent, they lose the right of withdrawal to the corresponding extent, in accordance with Article 16(a) and (m) of that Directive.

13.3. B2B Customers do not have a right of withdrawal, as this is a consumer right.

13.4. The withdrawal and refund procedure is set out in the Payments and Refunds Policy.

14.1. As regards consumer Customers, Atbion warrants the conformity of the digital service in accordance with Directive (EU) 2019/770 and the applicable mandatory legislation, which remains unaffected.

14.2. As regards B2B Customers, and to the extent permitted by law, the Platform is provided without implied warranties of merchantability, fitness for a particular purpose or absence of errors. Atbion does not warrant that the Platform will be uninterrupted or free of faults.

15.1. Nothing in these Terms limits Atbion's liability for wilful misconduct or gross negligence, for harm to life, physical integrity or health, or any other liability that cannot be excluded or limited under applicable law, including the mandatory rights of consumers.

15.2. Without prejudice to the foregoing, as regards B2B Customers, Atbion's total aggregate liability arising out of or in connection with the Platform is limited to the greater of: (a) the amounts paid by the Customer in the twelve (12) months preceding the event giving rise to the liability, or (b) five hundred euros (500 EUR). Atbion shall not be liable for loss of profit, loss of data not attributable to Atbion, or indirect or consequential damages.

The Customer acting as a business or professional shall hold Atbion harmless against third-party claims arising out of (a) the User Content it contributes, (b) the breach of these Terms or of applicable law, or (c) the processing of Participants' data in breach of data protection legislation. This clause does not apply to consumer Customers.

17.1. The Customer may cancel its subscription or delete its account at any time in accordance with the Payments and Refunds Policy.

17.2. Atbion may suspend or restrict access, in a proportionate manner, in the event of (a) serious or repeated breach of these Terms or of the Code of Conduct, (b) non-payment, (c) a legal requirement, or (d) a risk to the security or integrity of the Platform or of third parties. Save in cases of urgency or legal prohibition, Atbion will give prior notice and allow remediation.

17.3. Upon termination, the right of use ceases. The retention, export and deletion of data are governed by the Privacy Policy and, for Participants' data, by the Data Processing Agreement.

18.1. The contract remains in force for as long as the Customer holds an account or an active Plan.

18.2. Substantial changes to the service or to the Plans will be communicated with reasonable advance notice. If a change significantly prejudices the Customer, the Customer may terminate the contract and, where applicable, obtain a refund of the unused portion in accordance with the Payments and Refunds Policy.

19.1. Atbion may amend these Terms. Material changes will be notified with reasonable advance notice (at least 15 days, except for changes required by law or for security reasons) via the Platform and, where applicable, by email.

19.2. For consumer Customers, continued use after the entry into force constitutes acceptance, without prejudice to their right to terminate the contract if they do not accept the changes. For B2B Customers, continued use after the effective date constitutes acceptance.

20.1. Atbion will communicate with the Customer through the Platform or the email associated with its account. It is the Customer's responsibility to keep its contact details up to date.

20.2. Notices to the operator shall be addressed to hello@atbion.com or, for legal matters, to legal@votinova.com.

21.1. Atbion endeavours to resolve any dispute amicably. The complaints procedure and the dispute resolution mechanisms, including the alternative dispute resolution channels for consumers, are set out in the Dispute Resolution Policy.

22.1. These Terms are governed by Estonian law and, where applicable, by European Union law.

22.2. For B2B Customers, any dispute shall be submitted to the exclusive jurisdiction of the courts of Tallinn, Estonia (Harju Maakohus), without prejudice to Regulation (EU) 1215/2012 (Brussels I bis).

22.3. For consumer Customers, the foregoing does not deprive them of the protection of the mandatory provisions of their country of habitual residence or of the jurisdiction of the courts of that country under European Union law.

23.1. Assignment. The Customer may not assign these Terms without Atbion's prior consent. Atbion may assign the contract to an entity within its group or in the context of a corporate transaction, without diminishing the Customer's rights.

23.2. Severability. If any provision is declared invalid, the remaining provisions will remain in force.

23.3. Force majeure. Neither party shall be liable for non-performance due to causes reasonably beyond its control.

23.4. Entire agreement. These Terms, together with the Privacy Policy, the Payments and Refunds Policy, the Data Processing Agreement and the other policies referred to, constitute the entire agreement between the Customer and Atbion in relation to the Platform.

23.5. Language. These Terms are published in several languages. In the event of a discrepancy between versions, the English version will prevail, unless the mandatory consumer protection legislation of the Customer's country provides for the prevalence of the version in their language.