Terms of Service

1. Introduction and acceptance

1.1. These Terms of Service ("Terms") govern access to and use of Vota, a form and survey builder consisting of a web application at vota.dozy.site (the "Service" or "Vota"), which lets Users create forms, publish them at public links, and collect responses.

1.2. The Service is operated by David Kelen, an individual established in France, trading under the name "Dozy" ("Operator", "we", "us" or "our").

1.3. By creating a form, publishing a form, submitting a response, or otherwise accessing or using the Service, you ("you", the "User") accept these Terms and agree to be bound by them. If you do not accept these Terms, you must not access or use the Service.

1.4. If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation, and "you" refers to that organisation.

2. Definitions

In these Terms:

• "Acceptable Use Policy" means the Vota Acceptable Use Policy, as amended from time to time, which is incorporated into these Terms by reference.

•  "Content" means any form title and description, question, answer option, configuration, header image, confirmation message, redirect address, response, answer, draft, or other material that a User submits, transmits, stores, or displays through the Service.

• "Creator" means a User who creates or manages a Form. The Creator is by default the User who created the Form.

• "Data Protection Law" means the EU General Data Protection Regulation (Regulation (EU) 2016/679), the United Kingdom GDPR, and any other data protection or privacy law that applies to a party's processing of personal data in connection with the Service.

• "Dozy Account" means the Dozy account that a Creator authenticates with in order to use the Service.

• "Dozy Terms" means the Dozy Terms of Service and the Dozy Privacy Policy that govern the Dozy Account, available at dozy.site.

• "Form" means a form, survey, quiz, questionnaire, poll, or similar collection of questions created through the Service, together with its settings.

• "Plan" means the Dozy plan tier associated with a Dozy Account.

• "Privacy Policy" means the Vota Privacy Policy, as amended from time to time.

• "Published Form" means a Form that a Creator has set to accept responses, reachable at a public link consisting of vota.dozy.site/f/ followed by the Form's identifier.

• "Respondent" means any person who opens or submits a response to a Published Form, whether or not they have a Dozy Account.

• "Response" means a set of answers submitted through a Published Form, together with any email address collected with it and any account identifier associated with it.

• "Response Data" means personal data contained in or derived from Responses and Respondent activity on a Published Form.

 3. Scope and relationship to other terms

3.1. These Terms, the Acceptable Use Policy, and the Privacy Policy together form the agreement between you and the Operator in relation to the Service.

3.2. These Terms do not govern the creation, security, authentication, management, billing, or closure of your Dozy Account, which are governed by the Dozy Terms. In the event of a conflict between these Terms and the Dozy Terms in relation to the Service specifically, these Terms prevail.

3.3. A Respondent who does not have a Dozy Account is bound by these Terms and the Acceptable Use Policy to the extent they access or submit a Response to a Published Form, but is not required to hold a Dozy Account and is not a party to the Dozy Terms.

4. Eligibility

4.1. To create or manage a Form you must have a Dozy Account and be at least 13 years old. By using the Service you represent that you are at least 13 years old.

4.2. A Respondent must be at least 13 years old to submit a Response, unless the Creator has obtained verifiable parental consent and complies with the requirements described in the Acceptable Use Policy.

4.3. The Service is not directed to children under 13, and we do not knowingly permit them to use it. If we become aware that a User is under 13, we may remove that User's access to the Service and delete associated data.

4.4. You must not use the Service if you are barred from doing so under the law of any jurisdiction that applies to you, or if your access has previously been terminated by us.

5. The Service

5.1. The Service allows Creators to build Forms from a set of question types (short text, paragraph, multiple choice, checkboxes, dropdown, number, date, email, and one to five scale), organise them into sections with conditional branching, apply an accent colour and, on eligible Plans, a header image, set a confirmation message and an optional redirect address, and publish the Form at a public link. Respondents can then submit Responses, which the Creator can view, filter, and export.

5.2. The Service supports optional email collection per Form, an optional requirement that Respondents sign in with a Dozy Account, per Respondent submission limits, and, where the Creator enables it, the ability for a signed in Respondent to edit their own Response while the Form is still accepting Responses.

5.3. We may add, change, suspend, or remove features of the Service, impose or vary limits, or discontinue the Service in whole or in part, at any time and at our sole discretion. Where a change materially reduces functionality you rely on, we will make reasonable efforts to give notice in accordance with clause 19.

5.4. We do not guarantee that the Service, or any feature of it, will be available at any given time, will be uninterrupted or error free, or will preserve, deliver, or transmit any Content or Response without loss.

5.5. The Service does not currently provide an embedding feature. If we introduce one, forms embedded on a third-party page remain subject to these Terms, and the Creator is responsible for the page on which a Form is embedded. We may restrict or disable the framing of the Service for security reasons.

5.6. The Service is not an election system. It does not provide ballot secrecy, voter eligibility verification, or auditability, and you must not use it to conduct any vote, ballot, or election for which the applicable law requires a secret ballot, a certified system, or equivalent safeguards.

5.7. The Service has no public application programming interface and does not support automated form filling. Automated access is prohibited under clause 11 and the Acceptable Use Policy.

6. Plans and feature limits

6.1. Capacity limits of the Service depend on the Plan associated with the relevant Dozy Account, and currently include the number of Forms you may keep, the number of Forms you may publish at one time, the maximum number of Responses a Published Form will accept, and whether a Form may have a header image. The limits in effect are shown in the Service.

6.2. When a Published Form reaches its Response limit it stops accepting further Responses. Response limits and other limits are applied as capacity controls and are not a guarantee that the Service will accept every Response up to the stated number.

6.3. All matters relating to Plan pricing, payment, renewal, downgrade, cancellation, and refunds are governed by the Dozy Terms and not by these Terms. You should consult the Dozy Terms before purchasing or changing a Plan. If your Plan changes, the limits applicable to your account change accordingly, and a Form that exceeds the limits of a lower Plan may stop accepting Responses or become unavailable for editing until you bring your account within those limits.

7. Your Content

7.1. As between you and the Operator, you retain all rights you hold in the Content you submit through the Service. We do not claim ownership of your Forms or Responses.

7.2. You grant the Operator a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, display, adapt for technical purposes such as formatting and thumbnail generation, and otherwise process your Content, solely as necessary to operate, secure, support, and improve the Service, to enforce these Terms and the Acceptable Use Policy, and to comply with law. This licence ends when the Content is deleted from the Service, except for residual copies that persist for a limited time in routine backups and that age out in the ordinary course, and except where retention is required by clause 10.6.

7.3. You are responsible for your Content and for the consequences of collecting, publishing, storing, and using it. You represent and warrant that:

• (a) you have all rights, permissions, and lawful bases necessary to submit the Content, to publish the Form, and to collect and process the Responses you seek;

• (b) the Content and the Form do not infringe or misappropriate the intellectual property, privacy, publicity, or other rights of any person, and do not violate any law or these Terms; and

• (c) any header image or other material you upload is either your own or is used with the permission of the rights holder.

7.4. We do not monitor Content routinely, and we are not responsible for Content submitted by Users. We may, but are not obliged to, review, refuse, remove, or restrict access to any Content or any Form that we reasonably consider to violate these Terms or the Acceptable Use Policy, to create legal risk for us or others, or to harm the Service or its users.

8. Creating and publishing forms

8.1. When you publish a Form, the Form becomes reachable by anyone who has its link, without authentication, unless you require Respondents to sign in. You are responsible for deciding who to share the link with, and a link may be forwarded by others beyond your intended audience.

8.2. You are solely responsible for the questions you ask, the data you request, the answer options you provide, the confirmation message you set, and any redirect address you configure. If you set a redirect address, you are responsible for the destination and for any processing that occurs there

8.3. You must present to Respondents, before or at the point of collection, any notice or disclosure that Data Protection Law or other applicable law requires you to give, including the identity of the controller (you), the purposes of collection, and how Respondents can exercise their rights. The Service does not provide that notice on your behalf.

8.4. You must not use the Service to collect data that you are not lawfully entitled to collect, or to collect more data than you need for a specified, explicit, and legitimate purpose.

8.5. We may unpublish, disable, or delete a Form, or stop it accepting Responses, if it violates these Terms or the Acceptable Use Policy, if it is the subject of a credible complaint or legal demand, if it exceeds the limits of your Plan, or if required to protect the Service, its users, or the public.

9. Processing of respondent data

This clause applies where Data Protection Law applies to the processing of Response Data.

9.1. Roles. For Response Data, the Creator is the controller and determines the purposes and means of processing. The Operator processes Response Data as a processor on the Creator's documented instructions. The Operator is a separate, independent controller only for the limited operational purposes described in clause 9.8 and in the Privacy Policy.

9.2. Creator instructions. The Creator's instructions to the Operator consist of these Terms, the settings and configuration the Creator applies to a Form in the Service, and any written instruction the parties later agree. The Operator will process Response Data only on those instructions and as required by law, and will inform the Creator if it believes an instruction infringes Data Protection Law, unless prohibited from doing so by law.

9.3. Subject matter and duration. The subject matter of the processing is the operation of the Service for the Creator. The duration is the period during which the Creator uses the Service, subject to the retention and deletion rules in clause 10.

9.4. Nature and purpose. The nature and purpose of the processing is hosting, storing, transmitting, displaying, filtering, aggregating, and making available for export the Responses submitted to the Creator's Forms, and the incidental technical operations needed to do so.

9.5. Categories of data subject and personal data. Data subjects are the Creator's Respondents. Personal data is whatever the Creator chooses to collect through a Form, which may include names, email addresses, and free text answers, together with an approximate location inferred from an internet protocol (IP) address, timestamps, and, for a signed in Respondent, a Dozy Account identifier.

9.6. Confidentiality. The Operator ensures that persons authorised to process Response Data are bound by an appropriate duty of confidentiality.

9.7. Security. The Operator implements appropriate technical and organisational measures for Response Data, as described in the Privacy Policy, including transport encryption, encryption at rest by its infrastructure provider, row level access controls, authentication controls, and restricted administrative access.

9.8. Operator's own purposes. The Operator processes Response Data as an independent controller only to secure the Service and prevent abuse, to detect and respond to violations of these Terms and the Acceptable Use Policy, to keep operational and security logs, to diagnose and fix faults, and to comply with law. It does not use Response Data to build profiles, for advertising, or for any purpose of its own beyond those stated.

9.9. Subprocessors. The Creator authorises the Operator to engage the subprocessors listed in the Privacy Policy to process Response Data. The Operator imposes on each subprocessor data protection obligations no less protective than those in this clause, and remains responsible for each subprocessor's performance. The Operator will update the subprocessor list in the Privacy Policy before adding or replacing a subprocessor that processes Response Data, and a Creator who objects on reasonable data protection grounds may stop using the Service and export and delete their data.

9.10. Assistance. Taking into account the nature of the processing and the information available to it, the Operator will provide reasonable assistance to the Creator, by appropriate technical and organisational measures and so far as possible, with the Creator's obligations to respond to Respondent requests to exercise their rights, and with the Creator's obligations relating to security, breach notification, data protection impact assessments, and prior consultation. The primary tools for this assistance are the in Service features that allow the Creator to view, filter, correct by editing the Form and its data where possible, export, and delete Responses.

9.11. Personal data breach. The Operator will notify the Creator without undue delay after becoming aware of a personal data breach affecting Response Data, and will provide the information reasonably available to it to help the Creator meet any notification obligations.

9.12. Deletion and return. On termination of the Creator's use of the Service, or on the Creator's request, the Operator will delete or return Response Data as described in clause 10, except to the extent retention is required by law.

9.13. Audit. The Operator will make available to the Creator information reasonably necessary to demonstrate compliance with this clause and, on reasonable prior written notice and no more than once a year unless required by a supervisory authority or following a personal data breach, will allow and contribute to an audit conducted by the Creator or an independent auditor mandated by the Creator, subject to confidentiality undertakings and to not compromising the security or privacy of other users.

9.14. International transfers. Where the Operator transfers Response Data outside the European Economic Area or the United Kingdom on the Creator's behalf, it does so subject to the safeguards described in the Privacy Policy, including the European Commission's Standard Contractual Clauses and, where applicable, the United Kingdom International Data Transfer Addendum.

9.15. Respondent requests. If the Operator receives a request from a Respondent to exercise data protection rights in relation to Response Data, it will, unless legally required to act itself, refer the request to the relevant Creator or direct the Respondent to contact the Creator.

10. Responses, retention, and deletion

10.1. Responses and their answers are stored on the Service and are visible to the Creator of the Form and to any User the Creator authorises. A Respondent cannot view other Respondents' Responses.

10.2. An in progress draft of a Respondent's answers is saved so that the Respondent can resume. For a signed in Respondent the draft is stored on the Service and is deleted when the Response is submitted. For a Respondent who is not signed in, the draft is stored only in that Respondent's browser. We may remove drafts that have been inactive for an extended period.

10.3. A Creator may delete individual Responses, delete all Responses to a Form, or delete a Form.

10.4. A Creator may move a Form to the archive. An archived Form stops accepting Responses. It remains recoverable for 30 days, after which the Form and all of its Responses, answers, and drafts are permanently deleted.

10.5. When a Form or a Response is deleted it is removed for the Creator and any authorised Users, and any header image attached to a deleted Form is deleted from storage. Residual copies may persist for a limited time in routine backups and in browser storage on Respondents' devices, and age out in the ordinary course.

10.6. We may retain Content, including Responses, for longer than described above where required to comply with a legal obligation or to establish, exercise, or defend a legal claim.

10.7. Closure of your Dozy Account, or termination of your access under clause 15, results in the deletion of your Forms and their Responses within a reasonable period, subject to clause 10.6.

11. Acceptable use

11.1. Your use of the Service must comply with the Acceptable Use Policy at all times. The Acceptable Use Policy is incorporated into these Terms, and a violation of it is a violation of these Terms.

11.2. Without limiting the Acceptable Use Policy, you must not:

• (a) use the Service to send phishing, to harvest credentials, or to impersonate any person or organisation;

• (b) use the Service to collect data in order to dox, harass, stalk, defraud, or threaten any person;

• (c) distribute malware, or use a Form to distribute a scam or unsolicited bulk links;

• (d) submit automated, fake, or fraudulent Responses, or interfere with the integrity of another Creator's Responses;

• (e) attempt to access Forms, Responses, or accounts that are not yours, probe or test the vulnerability of the Service without our prior written permission, or circumvent capacity, rate, authentication, or access controls;

• (f) access the Service by automated means, including scraping or bulk downloading, except as expressly permitted by us;

• (g) place an unreasonable load on the Service, or use it in a way that degrades it for others; or

• (h) remove, obscure, or alter the "Powered by Vota" attribution on a Published Form.

12. Intellectual property of the Operator

12.1. The Service, including its software, design, user interface, templates provided by us, text, graphics, logos, and the names "Vota" and "Dozy", is owned by the Operator or its licensors and is protected by intellectual property law. Nothing in these Terms transfers any right in the Service to you, other than the limited right to use it in accordance with these Terms.

12.2. You must not copy, modify, distribute, sell, lease, or create derivative works of any part of the Service, reverse engineer or attempt to extract the source code of the Service except to the extent this restriction is prohibited by law, or use our names, logos, or branding without our prior written permission, except for the "Powered by Vota" attribution that the Service itself displays.

12.3. The "Powered by Vota" attribution shown on a Published Form must remain visible and unaltered on all Plans.

13. Third-party services

13.1. The Service is delivered using third-party infrastructure and service providers, including those listed in the Privacy Policy. Your use of the Service is subject to those providers' involvement as described in the Privacy Policy.

13.2. A Form may link to, or redirect a Respondent to, a third-party website or resource chosen by the Creator. We do not control and are not responsible for third-party websites or resources, and the inclusion of a link or redirect does not imply our endorsement.

14. Feedback

If you send us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback for any purpose without obligation or compensation to you. You are not required to provide feedback.

15. Suspension and termination

15.1. You may stop using the Service at any time. You may delete your Forms and Responses in the Service, and closing your Dozy Account will result in deletion of your Vota Content as described in clause 10.7.

15.2. We may suspend or terminate your access to the Service, or to a particular Form, immediately and without prior notice, if:

• (a) you materially or repeatedly violate these Terms or the Acceptable Use Policy;

• (b) your use creates a risk of legal liability for us or others, or harms the Service, other users, Respondents, or the public;

• (c) we are required to do so by law or by a competent authority; or

• (d) your Dozy Account is suspended, terminated, or closed.

15.3. Where practicable and not prohibited, we will give you notice and an opportunity to remedy a violation before suspending or terminating access for that violation.

15.4. On termination, your right to use the Service ends. Clauses 7.2 (as to residual copies), 9, 10.5, 10.6, 12, 14, 16, 17, 18, 20, and 21 survive termination.

16. Disclaimers

16.1. The Service is provided "as is" and "as available", without warranty of any kind, whether express, implied, or statutory, to the fullest extent permitted by law. We disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

16.2. We do not warrant that the Service will meet your requirements, that it will operate without interruption or error, that Responses or other Content will be stored, delivered, or exported without loss or delay, that a Published Form is protected against automated or fraudulent Responses, or that defects will be corrected.

16.3. You are responsible for maintaining your own records of Responses that matter to you, including by exporting them.

16.4. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

17. Limitation of liability

17.1. To the fullest extent permitted by law, the Operator will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of profits, revenue, goodwill, data, or Responses, arising out of or in connection with the Service or these Terms, whether based in contract, tort, negligence, strict liability, or otherwise, and whether or not the Operator has been advised of the possibility of such damages.

17.2. To the fullest extent permitted by law, the Operator's total aggregate liability arising out of or in connection with the Service or these Terms will not exceed the greater of (a) the total amount attributable to the Service that you paid to the Operator or to Dozy in the 12 months before the event giving rise to the liability, or (b) fifty euros (EUR 50).

17.3. The limitations in this clause apply to the fullest extent permitted by law in your jurisdiction and do not affect the rights described in clause 16.4. If applicable law does not allow the limitation or exclusion of certain damages, some of the above may not apply to you.

18. Indemnification

To the fullest extent permitted by law, you will indemnify and hold harmless the Operator from and against any claim, demand, loss, liability, damage, cost, or expense, including reasonable legal fees, arising out of or related to (a) your Content or your Forms, (b) your collection, use, storage, or disclosure of Responses, (c) your violation of these Terms or the Acceptable Use Policy, or (d) your violation of any law or of the rights of any third party, including any Respondent. We may assume the exclusive defence and control of any matter subject to indemnification by you, in which case you will cooperate with us.

19. Changes to these Terms

19.1. We may amend these Terms from time to time. The current version is identified by the effective date at the top.

19.2. If we make a material change, we will provide notice through the Service or by email before the change takes effect, except where an immediate change is required to comply with law or to address a security or safety risk. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. If you do not accept a change, you must stop using the Service and may delete your Content.

20. Governing law and jurisdiction

20.1. These Terms and any non-contractual obligations arising out of or in connection with them are governed by the law of France.

20.2. The courts of France have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms, subject to any mandatory right you have as a consumer to bring proceedings in the courts of your place of residence or to rely on the mandatory consumer protection law of that place.

20.3. Before commencing proceedings, the parties will use reasonable efforts to resolve any dispute informally by contacting each other using the details in clause 22.

21. Miscellaneous

21.1. Entire agreement. These Terms, the Acceptable Use Policy, and the Privacy Policy are the entire agreement between you and the Operator in relation to the Service and supersede any prior agreement on that subject.

21.2. Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force.

21.3. No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.

21.4. Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganisation, or sale of assets.

21.5. No agency. Nothing in these Terms creates a partnership, agency, or employment relationship between you and the Operator, except that clause 9 defines a controller and processor relationship for the purposes of Data Protection Law.

21.6. Notices. We may give notice through the Service, by email to the address associated with your Dozy Account, or by posting on vota.dozy.site. You may give notice to us using the details in clause 22.

21.7. Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control.

21.8. Language. These Terms are provided in English. Any translation is for convenience only, and the English version prevails in the event of a conflict, except where applicable consumer law provides otherwise.

22. Contact

For questions about this policy, to exercise your rights, or to report a privacy concern, please contact us.

Name: David Kelen
Email: privacy@dozy.site
Response time: Within 30 days