These Terms of Service (“Terms”) govern your access to and use of the Campaign Insights website at campaigninsights.ca (the “Site”) and the Fieldcraft software platform (the “Platform”), provided by Campaign Insights (“Campaign Insights,” “we,” “us,” or “our”). By accessing the Site or using the Platform, you agree to these Terms. If you do not agree, do not use the Site or Platform.
Use of the Platform by a campaign or organization is also governed by a separate written services agreement. Where these Terms conflict with a signed services agreement, that agreement controls.
1. Eligibility and accounts
- To enter into a services agreement on behalf of a campaign or organization, or to set up and administer that account, you must be at least the age of majority in Ontario and able to form a binding contract.
- Volunteers and other team members may be under the age of majority. Campaigns routinely rely on high-school and other youth volunteers, and the Platform may be used by minors when an account is provisioned for them by a campaign and their participation is permitted under applicable law. The campaign is responsible for obtaining any parental or guardian consent that may be required and for supervising minors' use of the Platform.
- Accounts are provisioned to campaign staff and volunteers. You are responsible for the accuracy of your account information and for all activity under your account.
- You must keep your credentials confidential, enable any required multi-factor authentication, and notify us promptly of any unauthorized use.
2. Acceptable use
You agree that you will not:
- Use the Platform for any unlawful purpose or in violation of the Municipal Elections Act, election finance rules, anti-spam laws (CASL), or privacy laws.
- Upload data you do not have a lawful right to use, or use voter data for any purpose other than legitimate electoral activity permitted by law.
- Send communications through or using data from the Platform in violation of applicable consent and anti-spam requirements.
- Attempt to access another campaign's data, probe or breach security, reverse engineer the Platform, or circumvent access controls.
- Resell, sublicense, or provide the Platform to a third party except as permitted in a written agreement.
- Upload malicious code or use the Platform in a way that impairs its operation for others.
3. Customer data and ownership
As between you and us, the campaign retains all rights to the data it uploads to or generates within its Fieldcraft instance (“Customer Data”). You grant us a limited licence to host, process, and transmit Customer Data solely to provide and support the Platform. We process Customer Data as a service provider in accordance with our Privacy Policy and any applicable Data Processing Agreement.
You are responsible for ensuring you have the legal right and any necessary consents to collect and use the Customer Data you place in the Platform.
4. Intellectual property
The Platform, the Site, and all related software, design, and content (excluding Customer Data) are owned by Campaign Insights and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Platform during your subscription term, subject to these Terms. All rights not expressly granted are reserved.
5. Fees
Fees, if any, are set out in your services agreement or order. Unless stated otherwise, fees are exclusive of applicable taxes. Non-payment may result in suspension or termination of access.
6. Service availability
We work to keep the Platform available and reliable but do not guarantee uninterrupted access. We may perform maintenance, and we may modify or discontinue features. Any committed service levels will be stated in your services agreement.
7. Third-party services
The Platform relies on third-party service providers. Your use of the Platform is also subject to those providers' terms where applicable. We are not responsible for the acts or omissions of third-party providers beyond our reasonable control.
8. Disclaimers
Except as expressly stated in a written agreement, the Site and Platform are 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, and non-infringement, to the maximum extent permitted by law. We do not warrant that the Platform will meet every requirement or be error-free.
9. Limitation of liability
To the maximum extent permitted by law, Campaign Insights 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 relating to your use of the Site or Platform. Our total aggregate liability arising out of or relating to these Terms will not exceed the amounts you paid to us for the Platform in the twelve months preceding the claim, or, where no fees were paid, CAD $100.
10. Indemnification
You agree to indemnify and hold harmless Campaign Insights from claims, damages, and expenses arising out of your Customer Data, your use of the Platform in violation of these Terms, or your violation of applicable law.
11. Termination
You may stop using the Platform at any time. We may suspend or terminate access if you breach these Terms or your services agreement, or as required by law. On termination, we will handle Customer Data as described in our Privacy Policy and your agreement. Sections that by their nature should survive termination will survive.
12. Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. You agree to the exclusive jurisdiction of the courts located in Ontario for any dispute arising out of these Terms.
13. Changes to these Terms
We may update these Terms from time to time. We will revise the “Last updated” date above and, where changes are material, provide additional notice. Continued use after changes take effect constitutes acceptance.
14. Contact
Questions about these Terms? .