Terms of service

1. Agreement

By creating an account or using PollGuard you agree to these terms. If you are accepting on behalf of an organisation, you confirm you are authorised to bind that organisation.

2. Accounts

You are responsible for the accuracy of your account information, for the security of your credentials, and for the actions of administrators you appoint. Notify us immediately of any suspected unauthorised access.

3. Your election, your responsibility

You remain responsible for the lawfulness and governance of your election: that it is authorised under your constitution or by-laws, that your member register and eligibility rules are correct, that candidates are properly nominated and vetted, and that the outcome is adopted according to your own rules. PollGuard provides the platform; it does not act as your returning officer and does not certify that your election complied with your constitution or any statute.

4. Acceptable use

You must not use PollGuard to run a fraudulent or misleading vote, upload another person’s identity documents without authority, attempt to access ballots or data you are not entitled to, probe or attack the service, or resell access without a written agreement.

5. Member data

Where you process member data through PollGuard you act as the data controller and we act as processor on your instructions. You must have a lawful basis for the data you collect, and must give your members the information required by the Data Protection Act, 2019. See our privacy policy and data protection notice.

6. Fees

Paid modules are charged at the rates published on our pricing page or in your written agreement, exclusive of VAT. Invoices are payable on the stated terms. We may suspend paid modules for unpaid invoices after notice.

7. Availability

We work to keep PollGuard available and secure but do not guarantee uninterrupted service. Planned maintenance is scheduled away from active voting windows wherever possible. For a high-stakes election, agree a support arrangement with us in advance.

8. Capabilities and representations

The service provides the capabilities described in our documentation and on our security page, which sets out plainly what is and is not implemented. You should not rely on any capability that is not stated there as available, and you must not represent to your members that your election has properties the platform does not provide.

9. Liability

To the extent permitted by law, our aggregate liability is limited to the fees you paid us in the twelve months preceding the claim. We are not liable for indirect or consequential loss, including loss arising from a disputed or annulled election outcome.

10. Termination

You may stop using PollGuard at any time. We may suspend or terminate access for breach of these terms or unlawful use. On termination you may export your data before it is deleted in line with our retention practice.

11. Governing law

These terms are governed by the laws of Kenya, and the courts of Kenya have jurisdiction.

12. Changes

We may update these terms and will give reasonable notice of material changes. Continuing to use the service after a change means you accept the updated terms.