Terms of Service

1. Introduction

These terms and conditions ("Terms and Conditions") are an agreement between Opinari Technologies ("Opinari") and you ("you" and "your") governing your use of Opinari's products, services, and websites (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you are using the Services on behalf of an organization, you are agreeing to these Terms and Conditions for that organization and representing that you have the authority to bind that organization to these Terms and Conditions. In that case, "you" and "your" will refer to that organization.

2. Services

Opinari's Services may include various products, applications, websites, and services, including polling tools and ad-based content monetization ("Products"). Through our platform, creators and influencers can create polls that display highly relevant ads to their audience. Both Opinari and the creator may earn a commission based on the Cost-Per-Click (CPC) of the ads clicked by followers. Opinari reserves the right to modify or discontinue any of the Services, or any part thereof, at any time. You acknowledge and agree that Opinari shall not be liable to you or any third party in the event that Opinari exercises its right to modify or discontinue any of the Services.

3. Registration

In order to access certain features of the Services, you may be required to register for an account. You agree to provide accurate and complete information when creating your account and to update your information as necessary to keep it accurate and complete. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Notify Opinari immediately of any breach of security or unauthorized use of your account. You may not use another user's account without permission.

4. Commissions and Payments

Opinari operates on a commission-based model, with earnings generated through CPC ad clicks. After our ad partners take their share (fluctuates between 15-35%, though this may change), Opinari shares the remaining revenue with influencers on a 50/50 basis. All commission payments are processed via PayPal and are made in alignment with our ad partners’ payout schedules. Users receive commission payments only after Opinari receives funds from ad partners. Opinari reserves the right to withhold or adjust commissions in cases of suspected fraud or violation of these Terms.

5. Privacy

Opinari's Privacy Policy (found at https://Opinari.io/privacy-policy.html) describes how we collect, use, and share information about you. By using the Services, you consent to the collection, use, and sharing of your information in accordance with our Privacy Policy.

6. Warranties and Disclaimers

Opinari makes no representations, warranties, or guarantees regarding the accuracy, reliability, or completeness of the Services. The Services are provided "as is" and "as available," and Opinari disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of Liability

In no event shall Opinari, its officers, directors, employees, or agents, be liable for any direct, indirect, special, incidental, or consequential damages, whether based in contract, tort, or otherwise, arising out of or in connection with the use of the Services or any other materials or services provided to you by Opinari.

8. Indemnification

You agree to indemnify and hold harmless Opinari, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the Services.

9. PDF Export and Data Modifications

When you export a summary of poll data as a PDF, Opinari is not responsible for any alterations made to the information in the exported document after generation. The PDF is a snapshot of the data at export time and should not be considered definitive. For accurate information, refer to the live data through our Services.

10. Miscellaneous

This agreement is governed by the laws of Ontario, Canada, without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms and Conditions or the Services shall be subject to the exclusive jurisdiction of the courts of Ottawa, Ontario, Canada. You may not assign or transfer these Terms and Conditions without Opinari's written approval. Opinari’s failure to enforce any right or provision of these Terms shall not be deemed a waiver. If any provision of these Terms is held to be invalid, the remaining provisions remain in full force and effect. This Agreement constitutes the entire agreement between you and Opinari concerning the Services.

Last updated: November 4, 2024

By using Opinari's Services, you agree to be bound by these Terms and Conditions.