1. Acceptance of Terms & Binding Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," "your") and ElectPolling ("Company," "we," "us," "our"). By registering, accessing, or using any part of our platform, website, mobile application, or services (collectively, "Platform"), you unconditionally accept these Terms, our Privacy Policy, and Community Guidelines in their entirety.

If you are using the Platform on behalf of an organization, government, political party, or legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers to that entity.

If you do not agree to these Terms in their entirety, you must immediately cease all use of the Platform and delete your account.

2. Nature of the Platform — Information Only, Not Official

ElectPolling is a private, independent, technology platform that provides tools for political engagement, polling, and civic discussion. We are NOT:

• An official government body, election authority, or electoral commission in any jurisdiction
• An official polling or survey institution whose results carry legal or electoral weight
• A political party, campaign, or advocacy organization
• A financial institution, payment processor, or regulated fundraising platform

All polls, voting intent data, campaign support indicators, and engagement metrics on this Platform are non-binding, informal expressions of opinion only and have no legal effect on any official election, referendum, or governmental process. Results do not constitute official election results and should not be reported or relied upon as such.

3. User Eligibility

• You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) to use this Platform. Users in regions where the age of majority exceeds 18 must meet that higher age requirement.
• Persons under 13 years of age are strictly prohibited from using the Platform in all jurisdictions, in compliance with COPPA (USA), GDPR-K (EU), and equivalent laws worldwide.
• You must not be located in, or be a national of, any country subject to U.S., UK, EU, UN, or other applicable international sanctions or trade embargoes.
• You must not be on any government-issued terrorism, sanctions, or prohibited persons list.
• You must have full legal capacity to enter into binding contracts under the laws of your jurisdiction.

4. Account Registration & Security

You agree to provide accurate, current, and complete information. You are solely responsible for:

• All activities conducted under your account, whether authorized by you or not
• Maintaining the confidentiality and security of your login credentials
• Immediately notifying us of any unauthorized account access or security breach
• Any harm, loss, or liability arising from your failure to maintain account security

We reserve the right to suspend or terminate accounts without notice if we suspect fraudulent activity, security breaches, or violations of these Terms. We are not liable for any loss resulting from unauthorized account use.

5. User-Generated Content — Your Responsibility

You are solely and exclusively responsible for all content you post, upload, transmit, or otherwise make available on the Platform ("User Content"), including posts, comments, campaign information, polls, videos, images, and messages.

By submitting User Content, you represent and warrant that:

• You own or have all necessary rights, licenses, and permissions to submit the content
• The content does not infringe any third-party intellectual property, privacy, publicity, or other rights
• The content does not violate any applicable laws, including election laws, defamation laws, or hate speech laws in any relevant jurisdiction
• All factual claims in your content are truthful and accurate to the best of your knowledge
• Political advertisements comply with applicable campaign finance disclosure laws in your jurisdiction

By submitting User Content, you grant ElectPolling a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content solely for operating and improving the Platform. This license ends when you delete your content or account, subject to reasonable technical delays and legal retention requirements.

ElectPolling is not the author, publisher, or speaker of any User Content and expressly disclaims all liability arising from User Content under applicable intermediary liability laws, including Section 230 of the Communications Decency Act (USA), the EU Digital Services Act (DSA), the UK Online Safety Act, and equivalent laws globally.

6. Prohibited Conduct

You agree that you will NOT use the Platform to:

• Violate any local, national, or international law or regulation, including election laws, campaign finance laws, anti-corruption laws, anti-money laundering laws, and data protection laws
• Engage in voter intimidation, voter suppression, or any activity that interferes with the democratic process
• Spread demonstrably false information about voting procedures, election dates, eligibility requirements, or electoral outcomes
• Impersonate any person, candidate, political party, government official, or organization
• Create fake accounts, use bots, or engage in coordinated inauthentic behavior
• Post hate speech, content that incites violence, or content that discriminates on the basis of race, ethnicity, religion, gender, sexual orientation, disability, nationality, or any other protected characteristic
• Harass, stalk, threaten, or intimidate any user, candidate, public official, or third party
• Post defamatory, false, or misleading statements about any person or organization
• Upload malicious code, engage in hacking, or attempt to compromise the Platform's security
• Scrape, harvest, or collect user data without express consent
• Engage in money laundering, fraud, or any financial crime through the Platform
• Circumvent any access controls, geographic restrictions, or security measures
• Use the Platform for any commercial purpose not expressly authorized by us
• Post content that violates any individual's right to privacy, including doxxing
• Engage in or facilitate bribery, corruption, or improper influence of public officials
• Post child sexual abuse material (CSAM) or any content that exploits minors

7. Political Campaigns — Disclaimer of Endorsement

ElectPolling provides neutral infrastructure for political campaigns to present information. Our hosting of any campaign does not constitute endorsement, support, or verification of any candidate, party, policy, or political position.

Campaign creators are solely responsible for ensuring their campaigns comply with:

• All applicable election laws and campaign finance regulations in their jurisdiction
• Required disclosure and authorization requirements for political advertising
• Truthfulness and accuracy of all campaign representations
• Anti-corruption and anti-bribery laws applicable to their office

We reserve the right to remove any campaign without notice for any reason, including failure to verify identity, legal complaints, or safety concerns.

8. Intellectual Property

All Platform content, features, and functionality, including but not limited to software, design, trademarks, logos, text, and graphics, are the exclusive property of ElectPolling and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws worldwide.

You may not copy, reproduce, modify, distribute, sell, or create derivative works of our Platform or its content without our express written permission.

DMCA / Copyright Complaints: We respond to valid copyright infringement notices pursuant to the Digital Millennium Copyright Act (DMCA) and equivalent international laws. To submit a notice, contact our designated agent through our support channels with full details of the alleged infringement.

9. Content Moderation & Platform Discretion

We reserve the absolute, unilateral right — but not the obligation — to monitor, review, edit, refuse, remove, or restrict any User Content or user account at any time, for any reason or no reason, without prior notice or liability. This includes content that, in our sole discretion, violates these Terms, our Community Guidelines, or that we believe may expose us or others to legal liability.

Our moderation decisions are final. We are not required to explain moderation actions. Nothing in these Terms creates any obligation for us to moderate any particular content or creates liability for failure to moderate.

10. Third-Party Services & Links

The Platform may contain links to or integrate with third-party websites, services, or content. We are not responsible for the content, privacy practices, or conduct of any third-party service. Your use of third-party services is at your own risk and is governed by the third party's terms and policies.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR COMPLETENESS.

We do not warrant that: (a) the Platform will be uninterrupted, error-free, or secure; (b) any information on the Platform is accurate, complete, or current; (c) the Platform is free of viruses or harmful components; (d) any results from use of the Platform will meet your requirements.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, these exclusions apply to the maximum extent permitted by applicable law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELECTPOLLING, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL
• LOSS OF OR DAMAGE TO REPUTATION OR ELECTORAL PROSPECTS
• COSTS OF SUBSTITUTE SERVICES OR PRODUCTS
• DAMAGES ARISING FROM USER CONTENT OR THIRD-PARTY CONDUCT
• DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• ANY OTHER INTANGIBLE LOSSES

In all cases, our maximum aggregate liability for any claim arising out of or relating to the Platform shall not exceed the greater of (a) the total fees paid by you to us in the 12 months preceding the claim, or (b) USD $100.

This limitation applies regardless of the legal theory under which damages are sought and even if we have been advised of the possibility of such damages.

13. Indemnification

You agree to defend, indemnify, and hold harmless ElectPolling and its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and legal fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation
• Your User Content or your campaign information
• Your use or misuse of the Platform
• Any claim that your content infringes third-party intellectual property or other rights
• Your violation of any third-party rights, including privacy, publicity, or property rights
• Any dispute between you and another user or third party
• Your political campaign activities or representations made on the Platform

14. Dispute Resolution — Binding Arbitration & Class Action Waiver

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

Mandatory Arbitration: Except for claims that may be brought in small claims court, all disputes, controversies, or claims arising out of or relating to these Terms, the Platform, or your use thereof shall be resolved exclusively through binding individual arbitration, not in court. This includes disputes about the validity, enforceability, or scope of this arbitration agreement.

Class Action Waiver: YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. All arbitrations shall proceed on an individual basis. This waiver is a material inducement for us to provide the Platform.

Arbitration Rules: Arbitration shall be conducted by a recognized arbitration body (e.g., AAA, JAMS, or equivalent) under their then-current rules. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Exceptions: Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. This does not waive the right to arbitrate the underlying dispute.

International Users: For users in jurisdictions where mandatory arbitration or class action waivers are not enforceable by law (including the EU, UK, and Australia), disputes shall be submitted to the courts of the jurisdiction governing these Terms, and you waive any objection to such jurisdiction.

15. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which ElectPolling is incorporated, without regard to conflict of law principles. Subject to the arbitration clause above, you submit to the exclusive jurisdiction of courts in that jurisdiction for resolution of any matter not subject to arbitration.

For EU users: Nothing in these Terms limits your rights under applicable EU consumer protection law, GDPR, or DSA mandatory provisions.

For UK users: Nothing in these Terms limits your rights under the UK GDPR, Online Safety Act, or applicable consumer protection legislation.

For Nigerian users: Nothing in these Terms limits your rights under the Nigeria Data Protection Act 2023 (NDPA) or applicable consumer protection legislation.

16. Termination

We reserve the right to suspend, disable, or permanently terminate your access to the Platform at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Platform ceases immediately. Sections 5, 8, 11, 12, 13, 14, 15, and 17 survive termination.

You may terminate your account at any time by following the account deletion process. Termination does not relieve you of obligations arising before termination.

17. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and Community Guidelines, constitute the entire agreement between you and ElectPolling regarding the Platform and supersede all prior agreements.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full force. An unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
• No Waiver: Our failure to enforce any provision does not constitute a waiver of our right to enforce it in the future.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights without restriction.
• Force Majeure: We are not liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including acts of God, war, terrorism, government action, pandemic, or internet disruptions.
• No Third-Party Beneficiaries: These Terms do not confer any rights on third parties unless expressly stated.
• Notices: We may provide notices via platform notifications or email. Legal notices to us must be sent to our registered contact address.

18. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via platform announcement or email at least 30 days in advance where required by law. Your continued use of the Platform after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform.

19. Contact Information

For legal inquiries, notices, or questions about these Terms, please contact us through our official support channels on the Platform. For DMCA notices, privacy rights requests, or compliance inquiries, use the designated channels in our Privacy Policy.