2. The service

ThisOrThat.cloud lets you create two-option polls, share them by link, and see how people voted. Anyone with the link can vote; voting does not require an account.

We aim to keep the service available continuously but we do not promise uninterrupted or error-free operation. We may change, add or withdraw features. Where a change materially reduces what a paid plan offers, we will tell you by email at least 30 days beforehand and you may cancel with a pro-rata refund of the unused period.

3. Eligibility and your account

You must be at least 16 years old to create an account. If you are acting for a company, you confirm you may bind it.

Give accurate registration details and keep them current. You are responsible for activity under your account and for keeping your password secret. Tell us promptly if you suspect unauthorised access.

Accounts are personal and may not be transferred or shared.

4. Plans, prices and billing

We offer Personal, Pro and Business plans, monthly or annually. Current prices and what each plan includes are shown on our pricing page. All prices are in USD and exclusive of VAT unless stated; VAT is added at checkout where applicable.

Payments are handled by Stripe. We never see or store your full card number.

Subscriptions renew automatically at the end of each billing period until cancelled. We will email you before an annual renewal. You can cancel at any time from Billing in your dashboard, or through the Stripe billing portal; cancellation takes effect at the end of the period you have already paid for, and you keep access until then.

We may change prices. Existing subscribers will be told by email at least 30 days before a change takes effect, and the new price applies from the next renewal. If you do not accept it, cancel before that renewal.

If a payment fails we may suspend paid features until it succeeds.

5. Right of withdrawal (consumers in the EU)

If you are a consumer in the European Union, you may withdraw from this contract within 14 days of entering into it, without giving a reason.

To withdraw, tell us clearly by email at support@thisorthat.cloud. A plain statement is enough. Sending it before the 14 days expire is sufficient. We will refund all payments received from you within 14 days of being informed, using the same means of payment you used.

Starting the service before the 14 days are up. Because we give you access immediately, you are asked at checkout to expressly request that we begin performance during the withdrawal period, and to acknowledge that you lose your right of withdrawal once the service is fully performed. If you withdraw after we have begun but before full performance, you pay a proportionate amount for what you used up to that point.

This section applies to consumers only. It does not apply where you buy in the course of a business.

6. Your content and the licence you give us

You keep ownership of everything you upload - images, titles, descriptions. We claim no ownership.

To run the service we need permission to handle it. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, resize, re-encode and display your content, solely to operate and secure ThisOrThat.cloud and to show your polls to the people you share them with. The licence lasts as long as you keep the content on the platform and ends a reasonable period after you delete it or close your account, allowing for backups.

You confirm you have the rights to everything you upload, including any rights of people shown in an image.

7. What you may not publish

You may not use ThisOrThat.cloud to upload, publish or share:

• content that is unlawful in Poland or in the country where it is seen
• material that infringes copyright, trade marks or other rights
• images of identifiable people who have not agreed to appear
• sexual content, content sexualising minors, or content depicting or inciting violence
• hate speech, harassment, or content attacking people over a protected characteristic
• deliberate disinformation, or synthetic or manipulated media passed off as real
• malware, phishing, spam, or attempts to break, overload or probe the service
• automated or repeated voting intended to distort results

8. Reporting illegal content

Anyone can report content they believe is illegal. Email support@thisorthat.cloud with the poll link, an explanation of why it is illegal, and how to reach you. This is our notice-and-action mechanism under Article 16 of the Digital Services Act.

We review reports without undue delay and decide in a diligent, non-arbitrary and objective way. We will tell you what we decided. If you gave contact details you will also receive reasons.

If we restrict content, we give the person who posted it a statement of reasons under Article 17 of the Digital Services Act, saying what we did, why, whether automated means were used, and how to contest it. You can contest a decision by replying to that message; a person, not an automated system, will review it.

We may remove content, suspend a poll or close an account where these Terms or the law are broken. Where the breach is minor and fixable we will normally ask you to fix it first.

9. Poll results and analytics

We apply basic measures to reduce duplicate and automated voting, including rate limiting and de-duplication. No such measure is perfect, and we do not warrant that results are free of manipulation. Do not rely on a poll where accuracy really matters without checking it yourself.

On the free plan the charts on the statistics page show illustrative sample data rather than your own figures, and are labelled as such. Real figures for your polls are available on paid plans.

10. Our liability

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything that cannot be limited under the law that applies to you. If you are a consumer, your statutory rights are unaffected and nothing here takes them away.

Otherwise, and to the extent the law allows, we are not liable for indirect or consequential loss, lost profits, lost business or lost data, and our total liability for all claims arising in any 12-month period is limited to what you paid us in that period.

We are not responsible for what users publish, nor for how anyone uses a poll or its results.

11. Ending the contract

You can close your account at any time from your account settings. Closing it cancels any active subscription and deletes your polls and their votes.

We may suspend or close an account that seriously or repeatedly breaks these Terms, that is used unlawfully, or where we are required to by law. Except where the law or a serious breach prevents it, we will give you notice and a chance to respond. If we close a paid account other than for your breach, we refund the unused part of what you paid.

12. Changes to these Terms

We may update these Terms. For changes that materially affect your rights or obligations we will email registered users at least 15 days before they take effect. Continuing to use the service after that date means you accept the new version; if you do not, you may close your account and we will refund any unused paid period.

13. Governing law and disputes

Polish law applies. If you are a consumer habitually resident in another EU country, you also keep the protection of the mandatory rules of your own country.

If you are a consumer, you may bring proceedings in the courts of the country where you live, and we may only sue you there. Nothing here requires you to litigate in Poland.

The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr. We are not obliged to use, and do not commit to, any out-of-court dispute resolution body, but we will always try to resolve a complaint directly first.

If you are not a consumer, disputes go to the court with jurisdiction over our registered seat in Poland.