Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and Patten Labs, the operator of Electronic-Vote (“Patten Labs”, “Electronic-Vote”, “we”, “us”, or “our”) governing your access to and use of the Electronic-Vote website, applications, and services (collectively, the “Service”). By creating an account, joining a voting session, or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” includes that organization.

Electronic-Vote provides tools for creating and running online voting sessions, collecting votes and responses from participants, and viewing and exporting results. We provide the platform only: we are not a party to, and have no responsibility for, the decisions, elections, meetings, or other proceedings that you choose to conduct using the Service.

You — the session organizer — are solely responsible for ensuring that any vote, election, poll, or other process you conduct through the Service complies with all laws, regulations, bylaws, articles, governing documents, and procedural rules that apply to you or your organization (for example, corporate statutes, condominium or co-operative legislation, union constitutions, or association bylaws).

We make no representation that votes conducted through the Service are legally valid, binding, or sufficient for any purpose. It is your responsibility to verify voter eligibility, configure sessions appropriately (including registration requirements, quorum, and timing), and confirm that electronic voting is permitted for your use case.

The Service must not be used to conduct official governmental elections or referenda.

You must be at least the age of majority in your jurisdiction to create an account. You must provide accurate information when registering and keep it up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately if you suspect unauthorized use of your account.

You agree not to:

• use the Service for any unlawful, fraudulent, or deceptive purpose, including manipulating or misrepresenting vote results;
• impersonate another person, vote on behalf of someone without authorization, or circumvent one-vote-per-person controls;
• interfere with or disrupt the Service, attempt to gain unauthorized access to it or to other users' data, or probe or test its security except as we expressly authorize;
• upload content that is unlawful, defamatory, infringing, or harmful; or
• resell, scrape, or reverse engineer the Service except as permitted by law.

We may suspend or terminate accounts or sessions that we reasonably believe violate these Terms.

You retain ownership of the content you submit to the Service (session questions, options, registration questions, votes, and responses). You grant us a limited, worldwide, royalty-free licence to host, store, process, transmit, and display that content solely as needed to operate, maintain, and improve the Service. You are responsible for your content and represent that you have all rights necessary to submit it.

We collect and process personal information (such as names, email addresses, and votes) in order to provide the Service, and we handle it in accordance with applicable Canadian privacy law. Session organizers are responsible for having a lawful basis to collect any participant information they request through registration questions, and for their own use of exported results.

Some features require a paid subscription. Prices, plan limits, and features are described on our pricing page and may change with notice. Payments are processed by our third-party payment processor (Stripe); we do not store your full payment card details. Subscriptions renew automatically until cancelled. Except where required by law, fees are non-refundable. Free trials and free-plan limits may be modified or withdrawn at any time.

We aim to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, outages, third-party failures, or events beyond our control — including during an active voting session. We may modify, suspend, or discontinue any part of the Service at any time. You are responsible for exporting any results or data you wish to keep.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT VOTE COUNTS, RESULTS, EXPORTS, QUORUM CALCULATIONS, OR ANY OTHER OUTPUT OF THE SERVICE WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PATTEN LABS, ITS OWNERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, OR FOR ANY COSTS ARISING FROM A DISPUTED, INVALIDATED, DELAYED, OR RE-RUN VOTE, ELECTION, OR MEETING, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) FIFTY CANADIAN DOLLARS (CAD $50). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to indemnify and hold harmless Patten Labs and its owners, directors, and employees from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to (a) your use of the Service, including any vote or process you conduct through it; (b) your content; (c) your violation of these Terms; or (d) your violation of any law or the rights of a third party.

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service at any time if you breach these Terms, if required by law, or if we discontinue the Service. Sections of these Terms that by their nature should survive termination (including Sections 10–12) will survive.

We may update these Terms from time to time. If we make material changes, we will post the updated Terms on this page with a new “Last updated” date and, where appropriate, notify you through the Service or by email. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. You agree that the courts of the Province of Ontario have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you waive any objection to venue in those courts.

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. 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. These Terms are the entire agreement between you and us regarding the Service. Questions about these Terms can be sent through our contact page.