Welcome to DemocracyOS (“we,” “us,” or “our”). DemocracyOS provides a civic engagement platform, including but not limited to SMS-based surveys (Pulse Ballots), web or mobile interfaces, and associated services (collectively, the “Services”). These Terms of Service (“Terms”) govern your access to and use of our Services. By accessing or using our Services, you (“you” or “User”) agree to be bound by these Terms, as well as our Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference.
If you do not agree to these Terms, you may not use the Services.
1. Eligibility
1. Age Requirements
• You must be at least 13 years of age to use the Services in the United States. If you are under 13, you may not use DemocracyOS.
• If you are at least 13 but under the age of 18 (or the age of majority in your jurisdiction), you represent that you have reviewed these Terms with your parent or legal guardian, who consents to these Terms on your behalf.
2. Authority to Use
• By accessing the Services, you warrant that you have the right, authority, and capacity to accept and abide by these Terms.
2. Services Description
DemocracyOS provides tools to gather community feedback through short surveys (Pulse Ballots), facilitate civic engagement, and generate anonymized reports and insights (“Content”). DemocracyOS is not an official government agency and does not conduct legally binding elections. Rather, it is a platform to enhance transparency, collect public sentiment, and support civic decision-making processes.
3. User Accounts
1. Registration
• To access certain features of the Services, you may be asked to register and create an account (“Account”). You agree to provide accurate, current, and complete information during registration and to keep this information up to date.
2. Account Security
• You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.
• You must promptly notify DemocracyOS if you suspect unauthorized use of your Account or any other security breach.
3. Restrictions
• You may not create an Account using false identity information or on behalf of someone else unless you are their legally authorized guardian or representative.
4. Acceptable Use & User Conduct
1. Prohibited Conduct
You agree not to engage in any of the following activities:
• Violating Laws: Using the Services in a manner that violates any applicable local, state, national, or international law or regulation.
• Unauthorized Access: Attempting to gain unauthorized access to other User accounts, DemocracyOS servers, or networks.
• Interference: Interfering with or disrupting the integrity or performance of the Services or the data contained therein.
• Misrepresentation: Impersonating or misrepresenting your affiliation with any person or entity.
• Harassment or Abuse: Uploading or transmitting any content that is unlawful, harmful, hateful, harassing, defamatory, obscene, or otherwise objectionable.
2. Community Standards
• DemocracyOS is intended to be a platform for respectful civic engagement. You agree to maintain a reasonable, courteous tone when discussing topics and providing feedback.
3. Monitoring & Enforcement
• DemocracyOS reserves the right to monitor, remove, or disable access to any content or User accounts that violate these Terms, without notice and at our sole discretion.
5. User Content
1. Ownership of User Content
• You retain any intellectual property rights you have in the content (e.g., survey responses, comments) you submit to the Services (“User Content”).
• You grant DemocracyOS a worldwide, non-exclusive, royalty-free license to use, reproduce, publish, and distribute your User Content in connection with providing, improving, and promoting the Services, subject to the limitations in our Privacy Policy.
2. Representation and Warranties
• By submitting User Content, you represent and warrant that you own or have the necessary rights to submit such Content and to grant the license above.
3. Anonymization
• As described in our Privacy Policy, certain personally identifiable information may be separated from survey responses or transformed into an anonymized form. This ensures your data is used primarily in aggregated analyses while minimizing personal identification.
6. Intellectual Property
1. DemocracyOS Content
• The Services contain content, software, text, graphics, images, trademarks, service marks, logos, and other material provided by or on behalf of DemocracyOS (“DemocracyOS Content”). All DemocracyOS Content is protected by intellectual property laws.
• You may not copy, reproduce, modify, distribute, or create derivative works of DemocracyOS Content without our prior written permission.
2. Trademarks
• All DemocracyOS trademarks, logos, and service names are trademarks of DemocracyOS. You may not use such marks without our express written permission.
7. Privacy
Our collection and use of personal information in connection with the Services are described in our Privacy Policy, which you agree to by using the Services.
8. Disclaimers of Warranties
1. “As Is” and “As Available”
• The Services, including any Content or materials contained therein, are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied.
2. No Guarantee of Outcomes
• DemocracyOS does not guarantee that the feedback collected through the platform will influence any specific policy, plan, or outcome. Any decisions made by civic leaders or other third parties are outside our control.
3. No Warranty of Error-Free Operation
• DemocracyOS does not warrant that the Services will operate without interruption, be free of bugs or errors, or be completely secure.
9. Limitation of Liability
To the fullest extent permitted by law:
1. No Liability for Indirect Damages
• DemocracyOS shall not be liable for any indirect, incidental, consequential, or punitive damages (including loss of profits, data, goodwill, or other intangible losses) arising out of or related to your use of the Services.
2. Aggregate Liability
• In no event shall DemocracyOS’s total liability to you for all claims arising out of or relating to these Terms exceed the greater of: (a) the total amount of any fees paid by you to DemocracyOS during the twelve (12) months prior to the event giving rise to liability, or (b) USD $50.
3. Applicability
• The above limitations apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.
10. Indemnification
You agree to indemnify, defend, and hold harmless DemocracyOS and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:
1. Your access to or use of the Services;
2. Your User Content;
3. Your violation of these Terms or any applicable law or regulation.
11. Modification of Terms
We reserve the right to change these Terms from time to time. When we do, we will post the revised Terms on our website and update the “Last Updated” date at the top. If any changes materially affect your rights, we will provide additional notice (e.g., via email, SMS, or prominent notice on the Services). Your continued use of the Services after the revised Terms become effective indicates your acceptance of the updated Terms.
12. Termination
1. Termination by User
• You may stop using the Services at any time or delete your Account by following the instructions on our website or contacting us directly at hello@democracyos.com
2. Termination by DemocracyOS
• We may suspend or terminate your Account and/or access to the Services at any time, for any or no reason, including if we believe you have violated these Terms.
3. Effect of Termination
• Upon any termination, all licenses and other rights granted to you in these Terms will immediately cease. Any provisions that, by their nature, should survive termination (e.g., indemnification, limitation of liability) will remain in effect.
13. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which DemocracyOS is headquartered (without regard to conflict-of-law principles). All disputes or claims arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the state or federal courts located in that jurisdiction. You consent to personal jurisdiction and venue in such courts and waive any objection based on inconvenient forum.
14. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.
15. Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and DemocracyOS regarding the use of the Services. They supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein.
16. Contact Us
If you have any questions or concerns about these Terms or our Services, please contact us at:
• Email: support@democracyos.org
Thank you for being part of DemocracyOS and for helping foster civic engagement.