Terms of Service

Effective date: September 22, 2025

Applies to: Pilpoll, APIs, and services (“Service”)

1) Introduction & Agreement

These Terms of Service (“Terms”) govern access to and use of the Service provided by PilPoll, Inc. (“PilPoll,” “we,” “us”). By using the Service, you agree to these Terms and represent that you have authority to bind the organization you represent (“Client,” “you”). The Service is intended for professional use by political campaigns, committees, and their authorized vendors.

2) Key Highlights (Plain English)

• You own your data. PilPoll uses your data only to provide, secure, and improve the Service, and as otherwise permitted by these Terms or your written instructions.
• You must comply with law. You are responsible for lawful use, including TCPA, CTIA/10DLC and carrier rules, state “mini-TCPA” laws, CAN-SPAM (if applicable), and FEC/state election regulations.
• AI is assistive. Outputs may contain errors; your team must review and apply human judgment.
• Limited liability. The Service is provided “as is” with customary SaaS limitations on liability and remedies.

3) Definitions

• Client Data: Information you load into or collect through the Service (e.g., audience lists, prompts, responses).
• Outputs: Text, insights, scores, and recommendations generated by the Service from Client Data.
• Documentation: User guides, policies, and technical materials we provide.
• Order: An ordering document or online plan setting Service limits, term, and fees.

4) Eligibility & Accounts

You must be at least 18 and an authorized representative of Client. Keep credentials secure; you are responsible for activities in your accounts.

5) Permitted Use & Acceptable Use

You will:

• use the Service only as authorized in these Terms and Documentation;
• maintain valid consent and opt-out handling (STOP/HELP) for messaging features;
• respect quiet-hour and frequency limits as applicable;
• comply with 10DLC/Campaign Registry requirements;
• refrain from: reverse engineering; bypassing security; distributing malware; high-risk uses; or using the Service to infer/target protected characteristics, suppress votes, or engage in deceptive practices.

6) Data Ownership; Licenses

• Ownership. As between the parties, Client owns Client Data and Outputs. PilPoll owns the Service, software, models, and Documentation.
• License to PilPoll. Client grants PilPoll a worldwide, non-exclusive license to host, process, transmit, and display Client Data and Outputs to provide, secure, and improve the Service; comply with law; and perform product analytics using de-identified or aggregated data.
• Feedback. We may use feedback without restriction.

7) Privacy & Data Processing

Our Privacy Policy and Data Processing Addendum (DPA) form part of these Terms and describe how personal information is processed, security measures, subprocessors, breach notice, and return/deletion at end of term.

8) Third-Party Services & Integrations

Some features depend on third-party providers (e.g., SMS carriers, email, CRM/VAN). Your use of those services may be subject to their terms and fees. PilPoll is not responsible for third-party outages, filtering, or changes in carrier policies.

9) Fees & Taxes

Fees and limits appear in your Order. Unless stated otherwise, fees are non-refundable once the term begins. Late amounts may accrue interest at 1.5%/month (or the maximum permitted). You are responsible for taxes other than PilPoll’s income taxes.

10) Security & Confidentiality

Each party will protect the other’s Confidential Information using commercially reasonable measures. PilPoll maintains administrative, technical, and physical safeguards (see Security & Compliance page and DPA).

11) Service Changes; Beta Features

We may enhance or modify the Service. We may offer beta or pre-release features “as is” and may change or discontinue them at any time.

12) AI & Guidance Disclaimers

Outputs are machine-generated and may contain inaccuracies or bias. You must review Outputs before use. Product content and examples are informational and not legal advice.

13) Term; Suspension; Termination

These Terms continue for your subscription term. We may suspend the Service for non-payment, security risks, or policy violations. Either party may terminate for uncured material breach (30 days’ notice). Upon termination, you may export data; PilPoll will delete or return personal data per the DPA.

14) Indemnification

• By Client. You will defend and indemnify PilPoll against claims arising from Client Data, your messaging/content, or your breach of law or these Terms.
• By PilPoll. We will defend and indemnify Client against third-party claims that the Service (as provided by PilPoll) infringes U.S. IP rights, excluding claims based on combinations, Client Data, or use contrary to Documentation. Remedies may include modification, replacement, or refund of unused prepaid fees.

15) Disclaimers

Except as expressly stated, the Service and Documentation are provided “as is” and “as available,” and PilPoll disclaims all implied warranties (merchantability, fitness, non-infringement).

16) Limitation of Liability

Neither party is liable for indirect, incidental, special, consequential, punitive, or cover damages, or lost profits/revenue/data. Each party’s aggregate liability is limited to fees paid or payable in the 12 months before the event, excluding payment obligations, misuse of Confidential Information, and IP indemnity.

17) Export, Anti-Corruption, Sanctions

You represent you are not on a denied-party list and will comply with export and anti-corruption laws.

18) Governing Law; Dispute Resolution

These Terms are governed by Delaware law (conflicts excluded). Disputes will be resolved by binding arbitration (JAMS, streamlined rules) seated in New York, NY, in English. Class actions and jury trials are waived to the fullest extent permitted. Either party may seek injunctive relief for IP or confidentiality breaches.

19) Changes to Terms

We may update these Terms; material changes will be notified via the Service or email. Continued use after the effective date constitutes acceptance.

20) Notices; Contact

Notices to PilPoll: info@pilpoll.com. Notices to you: account email or address on file.

21) Entire Agreement; Order of Precedence

The Order, this ToS, the DPA, the Privacy Policy, and Documentation comprise the entire agreement. Order → DPA → ToS → Documentation (in that order) in case of conflict.

Privacy Policy

Effective date: September 22, 2025

Scope

This Privacy Policy explains how PilPoll, Inc. (“PilPoll,” “we,” “us”) collects, uses, and shares information when clients use our website and products (the “Service”). We are a B2B provider to political campaigns and related organizations. We design for privacy-first, opt-in by default, and data minimization.

Information We Collect

Information you provide: account info (name, email, phone, org, role), billing details, configuration (prompts, segments), and any Client Data you upload or collect through the Service (including voter responses you lawfully gather).

Automatically collected: device & log data (IP, browser, pages viewed, timestamps), diagnostics and performance metrics, and cookies/SDKs for authentication, analytics, and security.

From third parties: data via integrations you enable (SMS vendors, CRMs), and service providers operating under contract.

How We Use Information

• Provide, operate, secure, and troubleshoot the Service.
• Process Client Data and generate Outputs at your direction.
• Improve features and models using de-identified/aggregated data (no re-identification).
• Communicate with you (product updates, support, billing).
• Comply with law and enforce terms; prevent fraud, abuse, and security incidents.

Legal Bases (where applicable, e.g., EEA/UK)

Contract performance; legitimate interests (security, product improvement, de-identified analytics); consent (certain cookies/marketing); legal obligations.

How We Share Information

• Service providers bound by confidentiality and security obligations.
• Integration partners you authorize.
• Business transfers (e.g., merger/acquisition) with appropriate safeguards.
• Legal compliance (valid requests, to protect rights/safety).
• With consent or at your direction.

Your Choices & Rights

• Access, correct, or delete certain information via account settings or by contacting us.
• Manage cookies via browser and our banner (where implemented).
• Opt out of marketing emails via unsubscribe links.
• U.S. state privacy rights (e.g., CA/VA/CO/CT/UT): request access/know, delete, correct, and opt out of certain sharing. We do not “sell” personal information as defined by these laws.
• EEA/UK: additional rights including to object or restrict processing and to data portability.

Security

We use administrative, technical, and physical safeguards (encryption in transit, role-based access, logging/monitoring, vulnerability management, training). No system is 100% secure; protect your credentials and ensure your data collection/uses are lawful.

Data Retention

We retain information only as long as necessary for the purposes above, to comply with law, and to resolve disputes. Retention windows may be configurable. Upon termination, data is returned or deleted per the DPA and our backup schedules.

International Transfers

When transferring personal data internationally, we use recognized safeguards (e.g., SCCs, adequacy decisions, or other lawful mechanisms).

Messaging & Carrier Compliance

If you use messaging features, you must maintain valid consent, provide STOP/HELP functionality, respect quiet hours, and comply with TCPA, CTIA/10DLC, and applicable state and election rules.

Children’s Privacy

The Service is not directed to children under 13 (or under 16 in EEA). We do not knowingly collect personal information from children.

Changes

We may update this Policy. Material changes will be communicated via the Service or email.

Contact

info@pilpoll.com • PilPoll, Inc., Attn: Privacy, 123 Example Street, Wilmington, DE 19801 USA

Data Processing Addendum

Effective date: September 22, 2025

1) Agreement

This Data Processing Addendum (“DPA”) is part of the PilPoll Terms of Service (“Agreement”) and applies to PilPoll’s processing of Client Personal Data.

2) Roles

PilPoll is a “Processor” or “Service Provider”; Client is the “Controller” or “Business.”

3) Scope of Processing

PilPoll will process Personal Data to provide the Service as described in the Agreement. Data subjects may include voters/constituents and Client staff/users. Personal Data may include identifiers, contact info, and message content. Special categories are not expected and must not be submitted unless expressly agreed in writing with additional safeguards.

4) Documented Instructions

PilPoll processes Personal Data only per Client’s documented instructions (Agreement, this DPA, admin settings, or written requests). PilPoll will inform Client if an instruction appears unlawful.

5) Confidentiality

PilPoll ensures authorized personnel are bound by confidentiality obligations.

6) Security Measures (Summary)

Encryption in transit (TLS) and at rest; least-privilege access & MFA for admin; vulnerability management; secure SDLC; logging/monitoring; incident response; backups/DR; employee training; vendor risk management; SOC 2 program in progress. Details available upon request.

7) Subprocessors

Client authorizes PilPoll to use subprocessors under written contracts imposing data-protection obligations no less protective than this DPA. PilPoll remains responsible for subprocessor performance and will provide a current list upon request and notice of material changes where required.

8) Assistance with Data Subject Requests

Taking into account the nature of processing, PilPoll will assist Client in responding to requests (access, deletion, correction, portability) via appropriate technical and organizational measures.

9) Personal Data Breach

PilPoll will notify Client without undue delay (and in any event within 72 hours upon confirmation) after becoming aware of a Personal Data Breach affecting Client Personal Data, and will provide information to support Client’s compliance duties.

10) Audits & Assessments

No more than annually (unless required by law or following a breach), PilPoll will make available information reasonably necessary to demonstrate compliance and allow audits under confidentiality and security constraints.

11) International Transfers

Where transfers require safeguards, Parties will use Standard Contractual Clauses or other lawful mechanisms.

12) Return & Deletion

At termination or upon request, PilPoll will return or delete Personal Data (Client’s choice), subject to legal retention requirements and standard backup overwrites.

13) CCPA/CPRA (U.S. State Privacy)

For California and similar state laws, PilPoll acts as a Service Provider/Processor: we will not sell or share Personal Information; we will not retain, use, or disclose personal information for any purpose other than providing the Service or as permitted by law.

14) Liability & Precedence

Liability is subject to the Agreement’s limitations. If this DPA conflicts with the Agreement, this DPA controls solely for Personal Data processing.

Annex I — Details of Processing

• Controller: Client using PilPoll.

Responsible AI & Bias Policy

Effective date: September 22, 2025

1) Commitment

PilPoll is committed to the responsible development and deployment of artificial intelligence. We recognize that AI outputs reflect the data on which they are trained and can perpetuate societal biases. We strive to build assistive, transparent, and accountable technology.

2) Core Principles

• Human Oversight: AI is a tool to assist, not replace, human judgment. Clients are responsible for reviewing and validating all outputs before use.
• Bias Mitigation: We use a variety of techniques to identify and reduce bias in our models and data, including performance testing across demographic proxies where legally permissible and appropriate.
• Transparency: We aim to provide users with insight into how our systems work, including confidence scores and clear documentation.
• Fairness & Non-Discrimination: The Service must not be used to infer protected characteristics, suppress votes, or engage in unlawful discrimination.
• Accountability: We maintain internal logs, conduct regular reviews, and welcome feedback to improve our systems.

3) How We Address Bias

We use a multi-layered approach:

• Data Sourcing & Curation: We evaluate and clean training data to minimize harmful stereotypes and underrepresentation where feasible.
• Model Training & Testing: We use techniques like adversarial testing and fairness-aware algorithms. We test model performance across different groups to check for material disparities.
• Output Monitoring: We provide confidence indicators in the UI and have systems to flag potentially sensitive or low-quality outputs for review.
• Feedback Loops: Client feedback is crucial for identifying and correcting issues in real-world use cases.

4) Client Responsibilities

You agree to use the Service responsibly:

• Review Outputs: Do not blindly trust AI-generated content. Always apply your professional judgment and knowledge of your audience.
• Lawful Use: Ensure your use case complies with all applicable laws and regulations, including those related to fairness in political advertising and outreach.
• Report Issues: Promptly notify PilPoll of any outputs that appear biased, inaccurate, or harmful.

5) Limitations

No system is perfect. AI may generate incorrect or unexpected information. Outputs do not constitute legal, strategic, or professional advice. PilPoll disclaims liability for any decisions or actions taken based on Service Outputs, subject to the limitations in our Terms of Service.

6) Policy Updates

We may update this policy as AI technology and best practices evolve. Material changes will be communicated via the Service or email.

Carrier Compliance

Effective date: September 22, 2025

1) Overview

This document outlines key compliance obligations for using PilPoll’s messaging-related features. It is for informational purposes and is not legal advice. Clients are responsible for their own legal and regulatory compliance.

2) Key Client Obligations

• Consent (Opt-In): You must obtain express prior written consent to send messages, particularly for marketing or fundraising. Consent must be clear, conspicuous, and user-initiated.
• Identify Yourself: Clearly identify your campaign or organization in the first message.
• Provide Opt-Out: Honor opt-out requests promptly (e.g., STOP). Inform users of this right in your initial message and periodically thereafter.
• Respect Quiet Hours: Comply with federal and state laws regarding permissible calling/texting hours.
• 10DLC Registration: You must complete 10DLC (10-digit long code) registration accurately. Misrepresenting your use case is prohibited.
• Prohibited Content: Do not send content related to SHAFT (sex, hate, alcohol, firearms, tobacco), deceptive content (phishing), or anything illegal.

3) PilPoll’s Role

PilPoll provides tooling to help you meet these obligations but is not responsible for how you use them. We do not scrub or manage your contact lists.

4) Shared Responsibility

• Client: Consent, list management, content, and adherence to rules.
• PilPoll: Tooling for opt-in/opt-out handling, quiet-hour settings, and analytics; PilPoll does not send messages without your direction/integration.
• Vendors/Carriers: Transport/delivery under their own terms.

5) Sample Opt-In Language (Web Form)

“By entering your mobile number and clicking Submit, you consent to receive recurring text messages from [Campaign Name]. Msg&Data rates may apply. Reply HELP for help, STOP to cancel. See our Terms and Privacy Policy.”

6) Enforcement & Updates

PilPoll may suspend or disable messaging features for suspected non-compliance, excessive complaints, or carrier directives. We update these guidelines as rules evolve; clients should monitor vendor/carrier notices.