Terms and Conditions

Welcome to GoVote and related services.

These terms and conditions constitute a legal agreement ("Agreement") between you and Contraman ("Service Provider").

The Agreement governs your use of the GoVote services ("Services"), which is a product provided by the Service Provider. While GoVote operates independently in terms of service provision, it remains a legal product of the Service Provider. The Services consist of any websites, contents, materials, services, applications or software supplied under the domain govote.net, any other related domains, subdomains, as well as any additions, improvements, new features, and connected or remotely embedded services or information provided through GoVote.

The Agreement applies to you regardless of whether you are a visitor, user, or accessing the Services in another function. When you are using, accessing, or signing up to the Services, you are acting on behalf of yourself and, where applicable, the legal or personal entity ("Customer") you represent. You may use any valid email address that represents your identity to create your account.

General terms

By using, accessing, interacting with, or signing up to the Services, you agree that you have read and understood, and agree on behalf of yourself and of the Customer, to the most recent version of the Agreement. This applies no matter whether you are a registered user or not, and you confirm that you have the right and Customer's acceptance to use the e-mail address under which your user account is created, as well as the power of attorney to enter the Agreement and act on behalf of the Customer. If you do not agree to the terms of the Agreement then do not use, access, or sign up to the Services. Reading the Agreement or accessing the Agreement directly, without any other use of the Services, do not constitute an acceptance of the Agreement.

The Agreement can be accessed on https://govote.net/terms

The Service Provider reserves the right to amend the Agreement at any time and without notice. If the Agreement is amended, the Service Provider will make the newest version of the amended Agreement available on the website, and the amended Agreement will substitute the Agreement and be binding to you in the same way as the Agreement. Any publication of the Agreement in amended form will, after publication, constitute the Agreement. By your continued use of the Services after any such publication, you accept the published version of the Agreement.

Workspaces and Administration

Users can create Workspaces within the Services and invite other users to join them. As a Workspace creator or administrator ("Workspace Owner"), you are solely responsible for managing access to your Workspace and for all activities that occur within it. This responsibility includes managing and controlling who you invite to your Workspace, ensuring appropriate use of the Workspace by its members, and maintaining accurate records of Workspace membership and permissions.

Workspace Recovery

In the event a Workspace becomes orphaned due to the last Workspace Owner's departure without transferring ownership, recovery of Workspace access will require a formal Know Your Customer (KYC) verification process. The organization requesting recovery may incur costs associated with this verification process, and the Service Provider reserves the right to deny Workspace recovery requests that do not meet our verification standards.

Use of Services and Identity

Subject to this Agreement, the Service Provider grants you a non-exclusive, non-transferable, limited, personal worldwide right to use the Services, provided that you will not:

1. copy, distribute or disclose any part of the Services in any medium,
2. alter or modify any part of the Services other than what is reasonably necessary for the Services to be used as by the service offer intended purpose, and
3. you will comply with the terms and conditions set forth in the Agreement and directions and policies provided in the Services.

The Service Provider reserves all rights to the Services, including those not expressly granted herein.

In order to use all of the Services you need to create a user account that represents your person and its position and authority in the organization you represent, if applicable. The account gives you access to the full extent of the Services accessible with your user level. You are only permitted to make one account representing the same person in any legal context.

You must provide accurate and complete identity information in all fields unless specifically marked as allowing aliases or alternative identities. No fields offer this possibility unless explicitly stated. You are required to use email addresses that genuinely represent your identity in the context of your use (such as a company email or personal email). The use of aliased or temporary email addresses is not permitted.

By accepting these terms, you acknowledge and agree that your basic information (such as name) will be visible to other members of the same Workspace and to attendees of assemblies or voting actions you participate in. Workspace Owners will have access to extended data that you provide to the system for the purpose of managing the Workspace, assemblies, or voting actions. You are responsible for maintaining the accuracy and completeness of your personal information in the system.

The creation of test workspaces is not permitted. All testing must be conducted within designated rehearsal or testing sandboxes in an actual Customer workspace. The Service Provider reserves the right to delete test workspaces and associated data without notice if these have been created without acceptance of the Service Provider. Any rehearsals, tests, or practice voting actions conducted in these rehearsal containers do not constitute and will not result in any legal obligations for any parties involved.

The Service Provider reserves the right to modify Workspace names that:

• Resemble or infringe upon the Service Provider's naming or trademarks
• Are deemed inappropriate or offensive
• Do not correspond to the Customer's identity, business, or use case

Eligibility

The Services are intended solely for users of 18 years and older. Your use of the Services in case of your age being below 18 can be accepted, if you are of legal age in your jurisdiction, or if you, due to general authority by an organization you represent, are granted rights to act within matters enabled by the Services. Under no circumstances are you allowed to participate in voting or assemblies using the Services if you cannot be bound by the terms and conditions of your legal obligation, unless the Workspace administrator or assembly manager has explicitly designated the event as non-binding. A non-binding designation allows participation without meeting the standard eligibility requirements. In case you do not live up to the conditions and the event is not designated as non-binding, you are not allowed to sign up for the Services.

Rules of conduct

You agree not to run any automated or manual, online or offline system including without limitation spiders, crawlers, and readers, that can collect data not displayed for digital collection by the Service Provider - no matter the amount of or size of requests sent to the servers. You also agree not to collect, dump, scrape or harvest any information provided by the Services including user account names and organization names and not to send more requests to the servers than what is reasonable to produce by normal human use of a conventional online web browser. You are not allowed to perform any voting actions through an automated or non-human interaction with the Services. You further agree not to use any portion of the Services to generate or send unsolicited bulk or commercial messages or to link to any part or the services in unsolicited bulk or commercial messages.

You are without limitation not allowed to perform the following or similar activity, and the Service Provider may temporarily or permanently terminate or suspend your user account or refuse to permit access to parts or all of the Services if in the sole determination of the Service Provider you have:

1. been in breach of the Agreement,
2. inserted, changed, or uploaded data, viruses, worms, malware or software that could break, interfere with, compromise, violate, or misuse the Services,
3. reverse engineered, practiced unauthorized decryption of the Services or related security measures or bypassed the access restriction measures,
4. placed yourself or initiated others in or out of your control to place disproportionately large loads on the Services, infrastructure or servers,
5. used the Services to send bulk communication or marketing,
6. linked to or referenced the Services in unsolicited bulk communication or marketing or
7. impersonated another person, organization, or company, misrepresented or mislead any organization or companies, been part of conducting fraud, hiding or attempting to hide your identity, or
8. interfered with the proper functioning of the voting and assembly processes.

Communication

By signing up to the Services you provide the Service Provider with your e-mail address. You hereby give your consent to the Service Provider's use of your e-mail to send you service related e-mails, including messages about changes to the Services, special offers, and notices required by law - thus any communication that could otherwise be required to be sent in physical form will be sent by e-mail. You can opt-out of receiving any messages, not required in order to be able to use the Services or required by law, by changing your preferences in you user account settings.

User content

The Services allow users to input and upload data, including texts, selected input, variable input, files, user generated, API generated, or machine generated data as well as any other type of data that is input in the Services ("User Content"). You are - without regards to the ownership of data - solely responsible for the User Content you or any electronic service you manage input, link to, display, or otherwise make available in the Services - no matter how this input of data is performed.

You agree that the Services are only acting as a passive intermediary for the distribution and publication of the User Content, and that the Service Provider is not in any way responsible for and will not review or change any User Content except as provided in the Agreement or Privacy Policy or required by law. You also acknowledge that any such content, that any other users have input, is their sole responsibility, and that the Service Provider has the right but does not have any obligation to review or change other users' User Content, and that User Content is not representing any opinions or obligations of the Service Provider, and that it doesn't bind the Service Provider to any agreements or obligations.

Legal obligation and Voting Records

Any approval, acceptance, vote, or signature made using the Services is regarded as an acceptance of the terms of that specific action and constitutes a legal obligation in the legal or statutory context that the action is made in and guarded by the governing law and jurisdiction decided by law or that the parties decide themselves. The Service Provider or the Services do not determine any legal obligations between parties, but the Services will provide evidence of any actions taken. In case of any doubt where parties need further proof of any action, the Service Provider will assist in providing objective technical evidence. Technical evidence can only be provided for actions that are objective and therefore not subject to interpretation, and the Service Provider will not take subjective part in any dispute resolution. In case of involvement of the Service Provider in any resolution, reasonable additional fees will apply. The requesting party will incur the fees to the Service Provider.

Entire agreement and severability

The Agreement, together with any other legal notice or policy published by the Service Provider under the Agreement, constitutes the entire agreement between you and the Service Provider and supersedes any prior agreement, negotiations, or discussions between you and the Service Provider concerning the Services - whether these are oral, written, or in any other form. If any provision is deemed invalid by the competent court, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.

Proprietary rights

Except for the User Content, the Services, including without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyright, photographies, audio, video and music and all intellectual property rights related thereto, are the exclusive property of the Service Provider and its licensors. Except as explicitly provided herein, nothing in the Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Services, for any purpose not expressly permitted by the Agreement, is strictly prohibited.

If you submit any content to parts of the Services that are meant for public display or the Service Provider use, including without limitation ideas, comments, blog posts, articles, help text, without prior agreement, then you agree that the content is gratuitous and will be disclosed unsolicited to the public, and that the Service Provider will be allowed to publish, change, and use any such content without additional compensation to you. By submitting such content you also acknowledge that the Service Provider does not waive any rights to use similar content that is obvious to a person skilled in the art or previously known to the Service Provider.

Assignment

Any rights or licenses granted to you under the Agreement may not be transferred or assigned by you to anybody. All rights may be assigned by the Service Provider without restriction.

No waiver

Service Provider's failure to exercise or a delay in exercising any right, power, or privilege under the Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

Security

The Service Provider provides reasonable, high level technical and procedural security measures designed to protect your personal and organizational information and to protect the User Content from loss or unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for unauthorized purposes. You acknowledge that you provide your personal information and User Content at your own risk.

GDPR Compliance and Data Protection

The Service Provider acts as the data controller for all personal data processed through the Services, while utilizing external service providers for data storage and processing operations. These external service providers act as data processors under the Service Provider's instruction and oversight.

The Service Provider is committed to compliance with the General Data Protection Regulation (GDPR) and other applicable privacy laws. We process personal data in accordance with the principles of lawfulness, fairness, and transparency. Users have the right to request access to their personal data, rectification of inaccurate data, and erasure of their data in accordance with GDPR requirements.

However, certain data related to voting records, legal agreements, and actions with legal implications cannot be deleted as they are required to maintain the integrity and legality of the voting process and to comply with legal obligations.

This includes but is not limited to:

• Voting records and results
• Participation records in legally binding assemblies
• Audit trails of legal actions
• Documentation required for legal compliance

We maintain appropriate technical and organizational measures to ensure the security of all personal data we process, including data processor agreements with our external service providers. Detailed information about our data processing practices can be found in the Agreement and our Privacy Policy.

Privacy and Cookies

The Service Provider uses cookies and similar technologies to provide and improve our Services. By using our Services, you agree to our use of these technologies as described in this section.

All data managed directly by the Service Provider is stored and processed within the European Union. However, the Services may utilize external service providers who manage their own data according to their respective privacy policies and data storage practices. By accepting these terms, you explicitly consent to the use of these external service providers and acknowledge that their data handling practices are governed by their own policies and terms of service.

Cookies are small text files that websites place on your device to store information about your preferences, enhance site functionality, and improve your user experience. We use the following types of cookies:

Cookie Types

Essential Cookies

These cookies are strictly necessary for the operation of our Services. They enable core functionality such as security, network management, and accessibility.

Functionality Cookies

These cookies allow us to remember choices you make and provide enhanced features and personalization.

Analytics Cookies

These cookies help us understand how visitors interact with our Services by collecting and reporting information anonymously.

Third-Party Cookies

The following third-party services may place cookies on your device:

• Google Analytics

Cookie Management

You can control and/or delete cookies as you wish. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. However, if you do this, you may have to manually adjust some preferences every time you visit our website and some services and functionalities may not work.

Data Retention

We retain cookie data for:

• Essential cookies: Duration of your session
• Functionality cookies: Up to 1 year
• Analytics cookies: Up to 2 years
• Third-party cookies: As defined by the respective third parties

Limitation of liability

The Services are designed and implemented as opinionated best practices for voting and related activities. The Customer acknowledges and accepts that the Services are provided "as-is" and may not accommodate all specific requirements or use cases of the Customer. It is the sole responsibility of the Customer to evaluate and verify that the Services' functionality, features, and implementation methods are suitable for their intended use and comply with their organizational requirements, bylaws, and applicable regulations. The Service Provider makes no warranties or representations about the fitness of the Services for any particular purpose or use case.

The Service Provider shall in no event be liable for any indirect, special, consequential or incidental loss, or other damages related to the Agreement or Services, or whether direct or indirect loss of data, loss of income, loss of opportunity, lost profits, cost of recovery or other damages caused and based on any theory of liability and including but not limited to breach of contract, tort, negligence, statute, or otherwise and whether or not the Service Provider has been advised of the possibility of such damages. To the extent permitted by law, the Service Provider's liability is limited to the amount actually paid by Customer to the Service Provider for the specific voting action or assembly where the problem occurred.

The Services are provided, controlled and operated from countries governed by civil law in the European Union, and unless otherwise stated in the Services, the Services are directed to individuals, companies and other entities located in the European Union. The Service Provider makes no representations that the Services are appropriate or available for use in other locations. Any user who accesses or uses the Services is entirely responsible for compliance with local law, including but not limited to import and export rules as well as higher level legal rules that apply to the user's jurisdiction.

Indemnity

You agree to indemnify and hold harmless the Service Provider and its subsidiaries, agents, managers and other affiliated companies and their employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses including attorney's fees arising from:

1. your use of the Services, including any data, or work transmitted or received by you,
2. your violation of any term or condition of the Agreement,
3. your violation of any third-party right,
4. your violation of any rule of law in your country of use or in the countries of your organization, other participants, or collaborators in the Services as well as in any of the countries of the Service Provider establishment or representation or in any other potentially relevant country,
5. any claim or damages that arise as a result of any of your User Content or anything else submitted by you or through your user account, or
6. any other party's access and use of the Services by use of details belonging to your account.

Governing law and jurisdiction

You agree that the Agreement shall be governed by the laws of Denmark, and that none of the Services in any way can give rise to personal jurisdiction over the Service Provider, either specific or general, over the laws of Denmark.