Terms of Service

Agreement to Terms

By accessing or using the ElectionChamp.com website and online voting platform (the "Service"), operated by ElectionChamp ("we," "us," or "our"), you ("you," "your," or "User") agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

ElectionChamp reserves the right to modify these Terms at any time. The most current version will always be available at electionchamp.com/terms-of-service. Your continued use of the Service after any changes constitutes acceptance of the revised Terms. We will provide notice of material changes via email or prominent website notice at least 30 days in advance.

Description of Service

ElectionChamp provides an online platform that enables organizations to create, manage, and conduct electronic elections, polls, surveys, and voting processes. The Service includes ballot creation, voter management, notification delivery, vote collection, results tabulation, and related administrative tools.

The Service is provided as a tool to facilitate your organization's voting processes. ElectionChamp does not certify, validate, or guarantee the legal standing of any election conducted through the platform. It is your sole responsibility to ensure that your use of the Service complies with your organization's bylaws, governing documents, and all applicable laws and regulations.

Account Policies

You must be a human. Accounts created using "bots" or other automated means are prohibited.

You must be at least 18 years of age (or the age of majority in your jurisdiction) to create an account and use the Service.

You are responsible for maintaining the confidentiality of your account credentials. ElectionChamp is not responsible for any loss or damage resulting from your failure to safeguard your account information.

You are liable for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

You may not use the Service for any unlawful or unauthorized purpose, and you may not violate any applicable laws in your jurisdiction while using the Service.

Any violation of these Terms may result in immediate suspension or termination of your account and/or legal action.

Acceptable Use

You agree not to use the Service to:

• Conduct fraudulent, deceptive, or misleading elections or voting processes
• Collect voter information for purposes unrelated to the specific election being conducted
• Send unsolicited ("spam") communications through the platform's notification features
• Impersonate any person or organization, or misrepresent your affiliation with any entity
• Upload or transmit viruses, malware, or other harmful code
• Attempt to access, tamper with, or interfere with the Service, its infrastructure, or other users' data
• Use the Service in any manner that could damage, disable, overburden, or impair our servers or networks
• Scrape, mine, or extract data from the Service through automated means
• Circumvent or attempt to circumvent any security measures or access controls
• Use the Service for any purpose that violates applicable election laws, labor laws, or other regulations in your jurisdiction

Election Administrator Responsibilities

As an election administrator, you acknowledge and agree that:

• You are solely responsible for the accuracy and completeness of your voter lists, ballot content, and election settings
• You are responsible for ensuring that your election complies with your organization's governing documents, bylaws, and applicable laws
• You will obtain any necessary consents from voters before uploading their personal information to the platform
• You will use voter data only for the legitimate purposes of conducting the election
• You will not hold ElectionChamp responsible for the outcome of any election, the accuracy of voter lists you provide, or the legal validity of results
• You are responsible for communicating election rules, timelines, and procedures to your voters

Payment Terms

Certain features of the Service require payment. Fees are displayed before you initiate a paid election. You are not required to provide payment information until it is time to make a payment.

Payment information is transmitted directly to and processed by our third-party payment processor. We do not store your full credit card details on our systems.

Once an election has been launched and voting has begun, no refunds will be issued. ElectionChamp may, at its sole and absolute discretion, issue credits toward future elections on a case-by-case basis.

You are responsible for all applicable taxes, duties, levies, or charges imposed by taxing authorities. Prices displayed may not include taxes unless otherwise stated.

All fees are stated in U.S. dollars unless otherwise indicated. Prices are subject to change; however, price changes will not affect elections that have already been paid for and are in progress.

Cancellation and Termination

You may cancel your account at any time by contacting us. Cancellation takes effect at the end of the current billing period, if applicable.

ElectionChamp reserves the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Service for any reason, at any time, with or without notice. Grounds for termination include, but are not limited to, violation of these Terms, suspected fraud, or conduct harmful to other users or the Service.

Upon termination, your right to use the Service immediately ceases. We may, but are not obligated to, delete your data after termination. Data deletion timelines are governed by our Privacy Policy.

Modifications to the Service

ElectionChamp reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, temporarily or permanently, with or without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

Intellectual Property

We do not claim intellectual property rights over the content you submit to the Service, including voter lists, ballot content, and election configurations. Your data remains yours.

If you choose to make election results public, you consent to others viewing that information.

The Service, including its design, code, features, documentation, trademarks, logos, and all related intellectual property, is owned by ElectionChamp and protected by copyright and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on any part of the Service without our prior written consent.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

ElectionChamp expressly disclaims all warranties, including but not limited to:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• Any warranty that the Service will meet your specific requirements
• Any warranty that the Service will be uninterrupted, timely, secure, or error-free
• Any warranty that the results obtained from the Service will be accurate, reliable, or legally binding
• Any warranty that errors in the Service will be corrected

ElectionChamp does not warrant or guarantee that the outcome of any election conducted through the Service will be legally valid, binding, or accepted by any court, government body, or regulatory authority. You are solely responsible for determining whether the Service is appropriate for your organization's voting needs and compliance requirements.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELECTIONCHAMP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF ELECTIONCHAMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ELECTIONCHAMP'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO ELECTIONCHAMP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless ElectionChamp, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of or access to the Service
• Your violation of these Terms
• Your violation of any third-party rights, including privacy rights
• Any election you conduct through the Service, including its results, validity, or legality
• Any voter data you upload or process through the Service
• Any dispute between you and your organization's members, voters, or stakeholders arising from an election conducted through the Service

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation by contacting us at support@electionchamp.com. If the dispute cannot be resolved within 30 days, either party may initiate binding arbitration.

Any unresolved dispute shall be settled by binding arbitration administered in accordance with the Arbitration Act of Alberta. The arbitration shall be conducted by a single arbitrator, in English, and the seat of arbitration shall be in the Province of Alberta, Canada. The arbitrator's decision shall be final and binding.

CLASS ACTION WAIVER: You agree that any dispute resolution proceedings will be conducted on an individual basis only, and not as part of a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law provisions. To the extent that arbitration is not applicable, you consent to the exclusive jurisdiction and venue of the courts located in Alberta, Canada.

Force Majeure

ElectionChamp shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to: natural disasters, pandemics, epidemics, acts of war or terrorism, cyberattacks, government actions or regulations, labor disputes, power or internet outages, or failures of third-party service providers. During any force majeure event, ElectionChamp's affected obligations will be suspended for the duration of the event.

Severability

If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Waiver

The failure of ElectionChamp to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by ElectionChamp to be effective.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. ElectionChamp may assign its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and ElectionChamp regarding your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and ElectionChamp.

Electronic Communications

By using the Service, you consent to receive electronic communications from us. These may include account notifications, transactional emails, election-related notices, and updates to our policies. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.