Terms of Service
Effective Date: January 1, 2025
1. Acceptance of Terms
By creating an account, accessing, or using Campaign Data Analytics LLC's platform and services ("Service"), you expressly acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms") and all applicable laws and regulations. By accepting these Terms, you voluntarily waive your right to pursue legal action, including but not limited to civil litigation, personally initiating or encouraging criminal charges, or any other form of legal proceedings against Campaign Data Analytics LLC, its officers, directors, employees, agents, affiliates, and representatives. If you disagree with any part of these terms or this waiver, you must immediately cease all use of the Service.
INTEGRATION WITH PRIVACY POLICY: These Terms incorporate by reference our Privacy Policy and Cookie Policy, which govern our collection, use, and retention of data. These documents form an integral part of your agreement with us. In the event of a conflict between these Terms and our Privacy Policy, these Terms shall control.
2. Definitions
KEY TERM DEFINITIONS: As used in these Terms: "You," "User," or "Customer" means the individual or entity accessing the Service. "We," "Our," "Us," and "Company" refer to Campaign Data Analytics LLC. "Service" refers to the platform, tools, features, analytics, reports, and all related services provided by the Company. "Terms" refers to this Terms of Service agreement. "Account" means your registered user account with the Service.
3. Description of Service
Campaign Data Analytics LLC provides a platform for political campaign data analysis, voter segmentation, and reporting services. Our Service includes data processing, analytics tools, and report generation capabilities for political campaigns and related organizations.
4. Disclaimer of Report Accuracy and Data Reliability
IMPORTANT LEGAL DISCLAIMER
CAMPAIGN DATA ANALYTICS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF ANY REPORTS, DATA ANALYSIS, OR INFORMATION PROVIDED THROUGH THE SERVICE. All reports and analytics are provided "AS IS" and "AS AVAILABLE" without warranty of any kind, either express or implied.
You acknowledge and agree that:
- Campaign Data Analytics LLC does not guarantee the accuracy, precision, or reliability of any data analysis, reports, voter predictions, or campaign insights
- All reports are based on algorithmic processing of third-party data sources which may contain errors, omissions, or inaccuracies
- Campaign decisions should not be made solely based on our reports without independent verification
- Statistical models and predictive analytics are inherently subject to uncertainty and margin of error
- You assume full responsibility for any decisions made based on our reports or data analysis
- Campaign Data Analytics LLC shall not be held liable for any damages, losses, or adverse outcomes resulting from reliance on our reports
BY USING OUR SERVICE, YOU EXPRESSLY ACKNOWLEDGE THESE LIMITATIONS AND AGREE TO HOLD CAMPAIGN DATA ANALYTICS LLC HARMLESS FROM ANY CLAIMS ARISING FROM THE USE OF OUR REPORTS OR DATA ANALYSIS.
NO RELIANCE ON EXTERNAL PROMISES: You acknowledge that you have not relied on any oral or written representations, warranties, promises, marketing statements, sales presentations, or other communications not expressly set forth in these Terms. This Service agreement represents the complete and exclusive statement of the agreement between you and Campaign Data Analytics LLC, superseding all prior negotiations, representations, or agreements relating to the subject matter herein.
AI AND AUTOMATED ANALYTICS DISCLAIMER: Our reports and analytics may include automated analysis, algorithmic scoring, artificial intelligence-assisted insights, machine learning outputs, predictive modeling, or statistical modeling. These outputs are inherently subject to errors, biases, limitations, and uncertainty. They are provided solely for informational purposes and are not a substitute for independent judgment, professional advice, or human analysis. You acknowledge that reliance on such automated outputs is at your sole risk and that Campaign Data Analytics LLC disclaims all responsibility for decisions made based on AI-generated or algorithm-assisted content.
NO GUARANTEE OF CAMPAIGN SUCCESS: Campaign Data Analytics LLC does not guarantee, warrant, or represent that the Service, reports, or analytics will result in any specific electoral outcome, campaign success, fundraising result, or other political or organizational achievement. All use of the Service is at your sole risk.
CAMPAIGN DECISION RISK ASSUMPTION: You acknowledge that campaign strategies, tactics, messaging decisions, voter targeting choices, resource allocation, timing decisions, outcomes, or any other decisions made in reliance on the Service are undertaken entirely at your own risk and discretion. Campaign Data Analytics LLC disclaims all responsibility for any resulting losses, consequences, electoral defeats, financial damages, or adverse outcomes arising from your strategic or tactical decisions.
NO PROFESSIONAL ADVICE: The Service, including all reports, analytics, insights, and recommendations, is provided for informational purposes only and does not constitute legal advice, financial advice, professional campaign advice, strategic consulting, or any other form of professional guidance. You should not rely on the Service as a substitute for professional judgment, independent analysis, or consultation with qualified advisors. Campaign Data Analytics LLC is not acting as your advisor, consultant, or fiduciary in any capacity.
5. User Accounts
- You must create an account to use our Service
- You are responsible for maintaining the confidentiality of your account credentials
- You must provide accurate and complete information when creating your account
- You are responsible for all activities that occur under your account
- You must notify us immediately of any unauthorized use of your account
6. Acceptable Use
You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service for any illegal or unauthorized purpose
- Upload or process data that you do not have the right to use
- Violate any applicable laws or regulations
- Interfere with or disrupt the Service or servers
- Attempt to gain unauthorized access to any part of the Service
- Use the Service to harass, abuse, or harm others
- Share your account credentials with unauthorized parties
7. Data Responsibility
You are solely responsible for the data you upload and process through our Service. You represent and warrant that:
- You have all necessary rights to use and process the data
- Your use of the data complies with all applicable laws and regulations
- You have obtained all necessary consents for data processing
- The data does not violate any third-party rights
DATA OWNERSHIP AND LICENSING: We do not claim ownership over any data you upload to the Service. However, by uploading data, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, analyze, and store such data solely for the purpose of providing the Service to you and as described in our Privacy Policy. This license includes the right to create aggregated, anonymized analytics and improve our Service functionality.
8. Payment and Billing
- Payment is required for premium features and services
- All fees are non-refundable, including for partial months or unused features, unless otherwise expressly stated in writing by Campaign Data Analytics LLC
- We reserve the right to change our pricing with 30 days notice
- Late payments may result in service suspension and may accrue interest at 1.5% per month (or the maximum rate allowed by law, whichever is less). You shall be responsible for any costs of collection, including reasonable attorneys' fees and court costs
- You are responsible for all taxes associated with your use of the Service
9. Intellectual Property
The Service and its original content, features, and functionality are owned by Campaign Data Analytics LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws, and may not be copied, reproduced, modified, distributed, publicly displayed, publicly performed, or used without our prior written consent, except as expressly permitted by these Terms or applicable law.
PROHIBITED USES: You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Service, create derivative works, or use the Service to develop competing products or services.
10. Service Availability
We strive to maintain high service availability but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue the Service at any time with reasonable notice.
SERVICE MODIFICATION RIGHTS: We may, from time to time, introduce new features, modify existing features, change functionality, update algorithms, alter user interfaces, or discontinue certain functionality at our sole discretion and without prior notice. We are not liable for any loss of functionality, data, or access resulting from such modifications.
11. Force Majeure
FORCE MAJEURE PROTECTION: Campaign Data Analytics LLC shall not be liable or deemed in breach of these Terms for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, earthquakes, floods, fires, power or internet outages, cyberattacks, data breaches, hacking attempts, government actions, regulatory changes, labor disputes, strikes, equipment failures, server malfunctions, third-party service provider failures, or any other events that are unforeseeable or beyond our reasonable control.
LIMITATION OF FORCE MAJEURE LIABILITY: In the event of a force majeure occurrence, our obligations under these Terms shall be suspended for the duration of such occurrence, and we shall not be liable for any damages, losses, or consequences arising therefrom. We will make commercially reasonable efforts to resume normal operations as soon as reasonably practicable.
EXTENDED FORCE MAJEURE TERMINATION: If a force majeure event continues for more than sixty (60) consecutive days, either party may terminate these Terms and your access to the Service upon thirty (30) days' written notice to the other party. In such event, we shall refund any prepaid fees for unused Service on a pro-rata basis, provided that refunds shall only be issued if the total aggregate amount of unused prepaid fees for all Services under this Agreement exceeds five hundred dollars ($500), and our total refund liability shall not exceed the lesser of (a) unused prepaid fees or (b) twenty-five percent (25%) of total prepaid fees under this Agreement, provided that for enterprise accounts with total prepaid fees exceeding twenty thousand dollars ($20,000), the five thousand dollar ($5,000) cap shall not apply and refunds shall be limited solely to the percentage formula. Such refund shall be your sole remedy for such termination.
12. Comprehensive Limitation of Liability and Legal Protection
CRITICAL LEGAL LIMITATION
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAMPAIGN DATA ANALYTICS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:
- Direct, indirect, incidental, special, consequential, exemplary, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Campaign losses, electoral defeats, or political damage
- Reputational harm or public relations damage
- Legal fees, court costs, or litigation expenses
- Any damages arising from errors, omissions, or inaccuracies in reports or data analysis
- Any damages resulting from system downtime, data loss, or service interruptions
- Any damages caused by third-party data sources or their inaccuracies
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF CAMPAIGN DATA ANALYTICS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CAMPAIGN DATA ANALYTICS LLC'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, ONE HUNDRED DOLLARS ($100), OR TWENTY-FIVE PERCENT (25%) OF TOTAL FEES PAID IN THE PRIOR TWELVE (12) MONTHS, WHICHEVER IS GREATER, PROVIDED THAT OUR TOTAL LIABILITY SHALL NOT EXCEED TEN THOUSAND DOLLARS ($10,000), UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING FOR ENTERPRISE ACCOUNTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
LEGAL LIMITATION COMPLIANCE: These limitations and exclusions of liability apply to the maximum extent permitted by applicable law. If any limitation or exclusion is found unenforceable, unconscionable, or prohibited by law, it shall apply only to the extent permissible under such law, and the remaining limitations shall remain in full force and effect.
13. Comprehensive Indemnification and Hold Harmless
You agree to defend, indemnify, and hold completely harmless Campaign Data Analytics LLC, its officers, directors, employees, agents, affiliates, subsidiaries, successors, assigns, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) arising from or relating to:
- Your use or misuse of the Service
- Your violation of these Terms of Service
- Your violation of any applicable laws or regulations
- Any data you upload, process, or share through the Service
- Any campaign decisions made based on our reports or analysis
- Any third-party claims arising from your use of the Service
- Any breach of your representations and warranties contained herein
- Your grossly negligent acts, omissions, or willful misconduct
This indemnification obligation will survive termination of these Terms and your use of the Service. You acknowledge that this indemnification is a material inducement for Campaign Data Analytics LLC to provide the Service.
14. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. We will act in good faith and in a commercially reasonable manner when exercising this right.
DATA HANDLING UPON TERMINATION: Upon termination of your account, we may immediately deactivate your account and delete or restrict access to your data, subject to retention obligations under applicable law or as set forth in our Privacy Policy. We reserve the right to retain any data necessary for legal compliance, billing purposes, fraud prevention, or enforcement of these Terms. You acknowledge that terminated accounts may not be recoverable and that data deletion may be permanent and irreversible.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with applicable federal law and, to the extent federal law does not apply, exclusively by the laws of the State of Iowa, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Iowa, and you hereby consent to personal jurisdiction and venue therein. Where federal law applies, it shall preempt state law in all respects.
MANDATORY ARBITRATION: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including but not limited to claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator and shall take place in Iowa, or virtually via secure video conference, at our discretion, provided that if required by applicable consumer protection statutes, arbitration may take place in your home state. The arbitrator's decision shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction.
CLASS ACTION WAIVER: You agree that any arbitration or legal proceeding shall be limited to the dispute between you and Campaign Data Analytics LLC individually. You waive your right to participate in any class action lawsuit or class-wide arbitration against us. To the extent a class action waiver is not enforceable under applicable law, disputes shall proceed on an individual basis to the maximum extent permitted by such law.
WAIVER OF JURY TRIAL: To the maximum extent permitted by law, you waive any right to a trial by jury for any disputes arising out of or relating to these Terms, the Service, or your use thereof. This waiver applies to all claims, whether based on contract, tort, statute, or any other legal theory. You acknowledge that this waiver is knowing, voluntary, and made with full understanding of its implications.
ARBITRATION COSTS: Each party shall bear its own attorneys' fees and costs of arbitration, except as otherwise required by the arbitrator under applicable law. If you are unable to pay arbitration costs and provide an affidavit to that effect, we will advance the costs, provided that such advancement is limited to once per user in any twelve (12) month period and shall not exceed two thousand five hundred dollars ($2,500) per arbitration. All advanced costs remain subject to a final determination by the arbitrator as to the payment of costs. The arbitrator may reallocate advanced costs at final judgment, including requiring reimbursement for frivolous or bad faith claims. Such advancement shall be repayable if the arbitrator determines the claim was frivolous or brought in bad faith.
16. Waiver of Rights and Legal Recourse
WAIVER OF LEGAL RIGHTS
BY ACCEPTING THESE TERMS AND CREATING AN ACCOUNT, YOU VOLUNTARILY AND IRREVOCABLY WAIVE YOUR RIGHT TO:
- Initiate private criminal complaints or assist in such actions against Campaign Data Analytics LLC, except as required by law, it being understood that this waiver does not limit the rights of government authorities to initiate such proceedings independently
- File civil lawsuits seeking monetary damages, except for non-waivable statutory claims under applicable law (including consumer protection, data privacy, and election laws)
- Seek injunctive relief or equitable remedies, except where such relief is required to protect your data privacy rights under applicable law
- Join or participate in class action lawsuits
- Pursue any form of legal action in any jurisdiction other than Iowa
- Seek punitive or exemplary damages of any kind
- Hold Campaign Data Analytics LLC liable for any campaign-related losses
You acknowledge that you have had the opportunity to seek independent legal counsel regarding these waivers and that you understand the legal consequences of these limitations. You agree that these waivers are knowing, voluntary, and made with full understanding of their implications.
This waiver is a material condition of your use of the Service. If you do not agree to these waivers, you must not use the Service.
SEVERABILITY OF WAIVERS: If any waiver in this Section is found to be invalid, unenforceable, or unconscionable by a court of competent jurisdiction, such waiver shall be modified to the minimum extent necessary to make it enforceable while preserving its essential purpose and intent. The remaining waivers shall remain in full force and effect and shall not be affected by the invalidity of any individual waiver. To the extent any waiver cannot be modified to become enforceable, it shall be severed from these Terms without affecting the validity or enforceability of the remaining provisions.
LAWFUL WAIVER LIMITATION: Nothing in this Section shall waive rights that cannot lawfully be waived under applicable federal, state, or local law. Where applicable law prohibits the waiver of specific rights or remedies, such rights and remedies are expressly reserved to the extent required by law.
17. Contact Information
If you have any questions about these Terms of Service, please contact us at:
Campaign Data Analytics LLC
Email: legal@campaigndataanalytics.com
Address: [Your Business Address]
18. Survival of Key Provisions
SURVIVAL OF CRITICAL PROVISIONS: The provisions relating to liability limitation, arbitration, governing law, indemnification, dispute resolution, data disclaimers, report accuracy disclaimers, warranty disclaimers, waiver of rights, payment obligations, and intellectual property shall survive termination of these Terms, your account, and your use of the Service, and shall remain in full force and effect indefinitely.
EXPLICIT ARBITRATION AND WAIVER SURVIVAL: For absolute clarity and enforceability, the arbitration agreement, class action waiver, waiver of injunctive relief, waiver of jury trial rights, indemnification obligations, and all other legal waivers contained herein shall survive termination of these Terms, your account, and your use of the Service indefinitely, and shall remain binding upon you, your heirs, successors, and assigns.
19. Entire Agreement
COMPLETE AND EXCLUSIVE AGREEMENT: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Campaign Data Analytics LLC regarding the Service and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, warranties, and communications, whether written or oral, relating to the subject matter herein. No side agreements, modifications, or amendments shall be binding unless expressly agreed to in writing and signed by an authorized representative of Campaign Data Analytics LLC.
20. Severability
GLOBAL SEVERABILITY: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms, and the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely approximates the intent and economic effect of the invalid provision.
21. Assignment Rights
NO USER ASSIGNMENT: You may not assign, transfer, delegate, or sublicense these Terms or any rights or obligations hereunder, in whole or in part, without our prior written consent, which may be withheld in our sole discretion. Any attempted assignment without such consent shall be null and void.
COMPANY ASSIGNMENT RIGHTS: We may freely assign, transfer, delegate, or sublicense our rights and obligations under these Terms, in whole or in part, without restriction or notice to you, including but not limited to assignments in connection with mergers, acquisitions, corporate reorganizations, or sale of assets.
22. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.
NOTICE METHODS: Notice of changes may be provided via email to your registered address, through your account dashboard, by posting updated Terms on our website, or by any other method we deem reasonably calculated to reach you. It is your responsibility to maintain current contact information and regularly check for updates.
MATERIAL CHANGE ACKNOWLEDGMENT: For material changes to these Terms, we may require your explicit acknowledgment before you can continue using the Service. Material changes will take effect only after you have acknowledged them through your account dashboard, login prompt, or other conspicuous method. Your continued use of the Service after acknowledgment constitutes acceptance of the revised Terms. If you do not acknowledge material changes within sixty (60) days of notice, we may, in our sole discretion, suspend or terminate your access to the Service.