Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between you and Precinct Technologies, Inc. ("Action Precinct," "we," "us"), and govern your access to and use of the Action Precinct platform, websites, and related services (the "Service"). By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of a campaign, committee, organization, or other entity (a "Customer"), you represent that you are authorized to bind that entity to these Terms, and "you" refers to that entity. You must be at least 18 years old.

2. Definitions

• "Service" — the Action Precinct software, features, and websites we make available to you.
• "Customer" — the campaign, committee, party organization, or other entity that holds an account.
• "Authorized Users" — individuals a Customer permits to use the Service under its account.
• "Customer Data" — the data a Customer or its Authorized Users load into, generate in, or connect to the Service, including voter, donor, contact, financial, and communications data.

3. Accounts and access

Account administrators may invite Authorized Users and assign roles and permissions. You are responsible for maintaining the confidentiality of your credentials, for all activity under your account, and for ensuring your Authorized Users comply with these Terms. Notify us promptly of any unauthorized use. We may require multi-factor authentication for certain actions.

4. Acceptable use

You agree not to, and not to permit anyone to:

• use the Service in violation of any applicable law or regulation, including election, campaign-finance, privacy, and communications laws;
• upload or use data you do not have the right to use, or use voter-file or other data in a manner prohibited by the source’s license or by law;
• send messages in violation of anti-spam, calling, or texting laws, or send unlawful, harassing, deceptive, or fraudulent communications;
• attempt to access another Customer’s account or data, probe or breach security, or circumvent access controls or usage limits;
• reverse-engineer, copy, resell, or create derivative works of the Service, except as permitted by law;
• upload malware or interfere with the integrity, performance, or availability of the Service;
• use the Service to infringe intellectual-property or privacy rights.

We may suspend or limit access to protect the Service, our Customers, or third parties, or to address a violation of these Terms.

5. Customer Data and responsibilities

As between you and Action Precinct, you own your Customer Data. You grant us a limited, non-exclusive license to host, process, transmit, display, and otherwise use Customer Data solely to provide and support the Service, to secure it, and as otherwise permitted by these Terms and our Privacy Policy.

You are solely responsible for your Customer Data and for how you use the Service, including: having all rights and permissions necessary to collect, upload, and use the data (such as voter files and donor information); complying with all applicable election and campaign-finance laws and reporting obligations; complying with laws governing calls, texts, email, and other communications; honoring do-not-contact and opt-out requests; and responding to requests from individuals whose data you hold. You are responsible for the accuracy and legality of your filings and communications.

6. Compliance features are tools, not advice

The Service includes features intended to assist with campaign-finance workflows, filings, and other tasks, and optional AI-assisted features that generate suggestions. THESE FEATURES ARE AIDS ONLY. They do not constitute legal, financial, accounting, tax, or compliance advice, and do not guarantee compliance with any law or the accuracy or acceptance of any filing. You are responsible for reviewing all outputs and filings and for consulting your own qualified advisors. You should independently verify deadlines, calculations, and legal requirements before relying on them.

7. Third-party integrations and services

The Service can connect to third-party services you choose (such as ActBlue, Mailchimp, and Google Drive) and relies on third-party providers to operate. Your use of a third-party service is governed by that provider’s own terms and privacy policy, and we are not responsible for third-party services. If a third-party service changes or becomes unavailable, related features may be affected.

8. Fees and billing

Paid plans are billed as described at the time of purchase or in an order or agreement with you. Unless otherwise stated, fees are billed in advance, are non-refundable except as required by law, and recurring subscriptions renew until cancelled. Payment is processed by our payment provider. You are responsible for applicable taxes. We may change fees on prospective notice; changes apply at your next renewal.

9. Intellectual property

The Service, including its software, design, and content (excluding Customer Data), is owned by Action Precinct and its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription. We reserve all rights not expressly granted. If you provide feedback, you grant us a perpetual, royalty-free license to use it.

10. Confidentiality

Each party may access the other’s confidential information in connection with the Service. Each party agrees to protect the other’s confidential information with reasonable care and to use it only as needed to perform under these Terms, except where disclosure is required by law. Customer Data is your confidential information; the non-public aspects of the Service are ours.

11. Privacy and data protection

Our handling of information is described in our Privacy Policy, which is incorporated into these Terms. Where we process Customer Data on your behalf, we do so as your processor, on your documented instructions (including the settings and actions you take in the Service). If you require a separate data-processing agreement, contact us.

12. Service availability and changes

We strive to keep the Service available but do not guarantee uninterrupted or error-free operation, and we may perform maintenance or make changes to features over time. We may modify, suspend, or discontinue parts of the Service; where a change is material and adverse, we will use reasonable efforts to provide notice.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DATA WILL BE ACCURATE, OR THAT ANY FILING, CALCULATION, OR COMMUNICATION WILL COMPLY WITH LAW OR BE ACCEPTED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME MAY NOT APPLY TO YOU.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTION PRECINCT AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

15. Indemnification

You will defend, indemnify, and hold harmless Action Precinct and its officers, employees, and agents from and against claims, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: your Customer Data; your use of the Service; your communications or filings; or your violation of these Terms or of any law, including election, campaign-finance, privacy, or communications laws.

16. Term and termination

These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate access for violation of these Terms, non-payment, or as needed to protect the Service or comply with law. On termination, your right to use the Service ends. You may request an export of your Customer Data before termination; after a reasonable wind-down period we may delete Customer Data, subject to legal-retention obligations and routine backups. Sections that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnification, and governing law) survive termination.

17. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. The state and federal courts located in Eau Claire County, Wisconsin will have exclusive jurisdiction over disputes, and you consent to their jurisdiction and venue, except that either party may seek injunctive relief to protect its intellectual property or confidential information. You and Action Precinct agree that any dispute will be brought in an individual capacity and not as part of a class action.

18. Changes to these terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and provide notice where appropriate. Your continued use of the Service after an update means you accept the revised Terms.

19. Notices

We may provide notices to you by email to the address associated with your account or its administrators, by posting within the Service, or by mail. You are responsible for keeping your account email addresses current. Formal notices to us must be sent by email to legal@precincttechnologies.com or by mail to Precinct Technologies, Inc., 2809 E Hamilton Ave #4048, Eau Claire, WI 54701, and are effective on receipt.

20. General

These Terms, together with our Privacy Policy and any order or agreement you enter with us, are the entire agreement between you and Action Precinct regarding the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

21. Contact

Questions about these Terms? Contact us at legal@precincttechnologies.com, or by mail at Precinct Technologies, Inc., 2809 E Hamilton Ave #4048, Eau Claire, WI 54701.