Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Elective Labs LLC, a Wyoming limited liability company ("Elective Labs," "Company," "we," "us," or "our") governing your use of the Elective Labs platform ("Platform" or "Service").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

IMPORTANT: These Terms contain an arbitration agreement and class action waiver. Please read Section 16 carefully.

2. Description of Service

Elective Labs provides AI-powered operational infrastructure for political campaigns, including:

• Six AI agents (Arlo, Connor, Flynn, Mia, Oscar, Troy) for campaign management, compliance, fundraising, communications, operations, and technology
• Automated workflows for donor management, volunteer coordination, event planning, and compliance monitoring
• Integrations with third-party services (email, CRM, social media, calendars)
• Dashboard and reporting tools
• Compliance tracking for FEC and state-level campaign finance requirements

The Platform is provided as Software-as-a-Service (SaaS) accessible via web browser. We reserve the right to modify, suspend, or discontinue any feature at any time with notice.

3. Eligibility and Account Registration

3.1 Eligibility

To use the Platform, you must:

• Be at least 18 years of age
• Be a political candidate, campaign committee, or authorized representative
• Have authority to bind the campaign or committee to these Terms
• Comply with all applicable federal, state, and local campaign finance laws
• Not be prohibited from using the Service under any applicable law

3.2 Account Registration

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Be responsible for all activity under your account

We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

4. Subscription Plans and Billing

4.1 Subscription Tiers

We offer a free tier and four paid subscription tiers:

• Free: $0/month — AI compliance alerts, filing calendar, contribution limit checker
• Starter: $99/month — all 6 AI agents, donor & event management, email support
• Growth: $199/month — social media automation, volunteer management, FEC + 50-state compliance, priority support
• Scale: $499/month + 1% Success Fee (capped at $2,000/month) — advanced analytics, multi-channel outreach, dedicated onboarding
• Enterprise: Custom pricing (starting at $2,500/month). Requires 3-month minimum commitment.

4.2 Payment Terms

• Monthly Plans: Month-to-month billing. Cancel anytime (Enterprise requires 3-month minimum).
• Full Cycle Plans: 6-month prepayment with 15% savings
• Free Trial: 7-day free trial on Starter, Growth, and Scale plans. No credit card required.
• Success Fee: Scale plan includes a 1% fee on fundraising raised through the platform, capped at $2,000/month. Enterprise success fees are negotiated.
• All fees are non-refundable except as required by law
• Prices exclude applicable taxes, which you are responsible for paying. Political committees are not exempt purchasers for state sales-tax purposes, and no tax-exempt status will be assumed.
• Equal Terms: Our free trial and published pricing are offered in the ordinary course of business on identical terms to every customer, without regard to party, candidate, or viewpoint. We do not offer custom discounts to political committees.
• Payment is due within 7 days of invoice date
• Late payments may incur a 1.5% monthly interest charge

4.3 Auto-Renewal

Monthly subscriptions automatically renew unless canceled at least 7 days before the renewal date. Full cycle subscriptions do not auto-renew. You may cancel at any time through your account settings or by contacting support.

4.4 Refund Policy

No refunds are provided except: (1) if we fail to provide the Service as described, or (2) as required by applicable law. Early cancellation does not entitle you to a refund of prepaid fees.

5. Acceptable Use Policy

You agree NOT to:

• Use the Platform for any illegal purpose or in violation of campaign finance laws
• Upload or transmit viruses, malware, or malicious code
• Attempt to gain unauthorized access to the Platform or other users' accounts
• Reverse engineer, decompile, or disassemble the Platform
• Use automated scripts or bots to access the Platform (except through approved API integrations)
• Send unsolicited commercial messages (spam) through the Platform
• Harass, abuse, or harm another person through the Platform
• Violate any person's privacy or intellectual property rights
• Impersonate any person or entity
• Interfere with the Platform's operation or impose unreasonable load on infrastructure
• Use the Platform to support or oppose candidates outside of legally permitted campaign activities

Violation of this Acceptable Use Policy may result in immediate account suspension or termination without refund.

6. Your Data and Content

6.1 Ownership

You retain all rights, title, and interest in your campaign data, donor lists, communications, and other content you input into the Platform ("Your Data"). We do not claim ownership of Your Data.

6.2 License to Use Your Data

You grant us a limited, non-exclusive, worldwide license to use, store, process, and transmit Your Data solely to provide the Service and improve AI performance. This license terminates when you delete Your Data or close your account, except for data we must retain for legal compliance.

6.3 Data Accuracy and Compliance

You represent and warrant that:

• Your Data is accurate and lawfully obtained
• You have all necessary rights and permissions to use Your Data
• Your Data complies with all applicable campaign finance and privacy laws
• You will not upload illegal, infringing, defamatory, or obscene content
• Messaging Consent: For every recipient you message through the Platform, you hold valid prior express written consent (for SMS) or a lawful basis (for email), obtained and documented by you. You are the sender of record and sole initiator of every message; you will not circumvent opt-out (STOP/unsubscribe) handling or quiet-hours controls.
• Data Provenance: No contact or donor data you upload is copied from FEC reports or used in violation of 52 U.S.C. § 30111(a)(4) or state equivalents restricting the use of campaign-finance-report data for solicitation.

6.4 Data Backup and Export

We perform daily automated backups, but you are responsible for maintaining your own backups. You may export Your Data at any time through the dashboard or by requesting a full data export.

7. Intellectual Property

7.1 Our Intellectual Property

The Platform, including all software, algorithms, AI models, designs, logos, and content, is owned by Elective Labs and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

7.2 License to Use Platform

We grant you a limited, non-exclusive, non-transferable license to access and use the Platform during your subscription period, subject to these Terms. This license terminates upon account closure or termination.

7.3 Feedback

If you provide suggestions, ideas, or feedback about the Platform, you grant us a perpetual, irrevocable, worldwide license to use, modify, and incorporate such feedback without compensation or attribution.

7.4 Copyright Complaints (DMCA)

If you believe content on the Platform infringes your copyright, send a notice containing the information required by 17 U.S.C. § 512(c)(3) — identification of the work, the allegedly infringing material and its location, your contact information, a good-faith statement, a statement of accuracy under penalty of perjury, and your physical or electronic signature — to support@electivelabs.orgwith the subject line "DMCA Notice." We will respond to valid notices, including removing or disabling access to the identified material where appropriate, and may terminate repeat infringers' accounts.

8. AI-Generated Content and Accuracy

8.1 AI Limitations

Our AI agents use advanced language models but are not perfect. AI-generated content may contain errors, inaccuracies, or inappropriate suggestions. You acknowledge that:

• AI suggestions are recommendations, not legal or financial advice
• You are responsible for reviewing and approving all AI-generated content before publication
• We do not guarantee the accuracy, completeness, or appropriateness of AI outputs
• You must independently verify compliance-related information

8.2 Human Oversight Required

The Platform is designed to augment, not replace, human judgment. You must maintain appropriate human oversight of all campaign activities, especially:

• Public communications and social media posts
• Campaign finance reporting and compliance filings
• Donor communications and solicitations
• Expenditure approvals and vendor contracts

8.3 AI Content Disclosure Laws

A growing number of states require disclosure labels on AI-generated or AI-altered political content. You are solely responsible for determining whether any content you publish requires such a disclosure under applicable state or federal law and for applying the required label before publication. You will not use the Platform to create materially deceptive depictions of any person. Any AI-disclosure feature we provide is a convenience; enabling it does not transfer your legal duties to us.

9. Campaign Compliance Responsibility

CRITICAL: You are solely responsible for compliance with all applicable campaign finance laws, including FEC and state-level regulations.

While the Platform provides compliance monitoring tools, these are aids, not guarantees. You must:

• Consult with qualified campaign counsel and treasurers
• Independently verify all compliance-related information
• Review and approve all filings before submission
• Maintain accurate records outside the Platform
• Ensure proper campaign/official account separation (if applicable)

We are not your legal counsel or compliance advisor. The Platform does not constitute legal advice, and no attorney-client relationship is created by your use of it. Elective Labs is a software company, not a law firm.

The Platform never files on your behalf. Deadline alerts are informational, jurisdiction-level data. Filing packages are clerical assemblies of your own data into official formats. Your treasurer (or other authorized officer) makes every filing decision, reviews every document, and remains the filer of record at all times.

10. Third-Party Integrations

The Platform integrates with third-party services (Gmail, Google Sheets, SendGrid, Twilio, social media platforms, etc.). You acknowledge that:

• Third-party services are governed by their own terms and privacy policies
• We are not responsible for third-party service availability, functionality, or data practices
• Integration disruptions may affect Platform functionality
• You are responsible for maintaining valid credentials and permissions
• You may revoke integration access at any time

11. Service Availability and Support

11.1 Uptime Commitment

We strive for 99.5% uptime (excluding scheduled maintenance). However, we do not guarantee uninterrupted access. The Platform may be unavailable due to maintenance, updates, or circumstances beyond our control.

11.2 Support

• Starter: Email support (48-hour response time)
• Growth: Priority email support (24-hour response time)
• Scale & Enterprise: Dedicated support with direct access (4-hour response time)

Support is available Monday-Friday, 9 AM - 6 PM EST, excluding federal holidays.

11.3 Scheduled Maintenance

We may perform scheduled maintenance with 48 hours' notice. Emergency maintenance may be performed without notice.

12. Termination

12.1 Termination by You

You may cancel your subscription at any time through account settings or by contacting support. Cancellation takes effect at the end of the current billing period. No refunds are provided for unused subscription time.

12.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms or the Acceptable Use Policy
• Fail to pay fees when due
• Engage in fraudulent or illegal activity
• Pose a security risk to the Platform or other users

12.3 Effect of Termination

Upon termination:

• Your access to the Platform will be immediately revoked
• You have 30 days to export Your Data
• After 30 days, we may delete Your Data (except as required for legal retention)
• All outstanding fees become immediately due
• Sections 6.1, 7, 13, 14, 15, 16, and 17 survive termination

13. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION
• ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT OR AI OUTPUTS
• COMPLIANCE WITH CAMPAIGN FINANCE LAWS
• RESULTS OR OUTCOMES FROM PLATFORM USE

WE DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT DEFECTS WILL BE CORRECTED.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELECTIVE LABS SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• CAMPAIGN LOSSES, ELECTION OUTCOMES, OR POLITICAL CONSEQUENCES
• COMPLIANCE VIOLATIONS, FINES, OR PENALTIES
• DAMAGES RESULTING FROM AI ERRORS OR INACCURACIES
• THIRD-PARTY SERVICE FAILURES OR DATA BREACHES

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability is limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Elective Labs, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any laws or regulations
• Your campaign activities or communications
• Your Data or content you upload
• Infringement of third-party rights
• Campaign finance violations or compliance failures

16. Dispute Resolution and Arbitration

16.1 Informal Resolution

Before filing a claim, you agree to contact us at support@electivelabs.org to attempt informal resolution. We will attempt to resolve disputes within 60 days.

16.2 Binding Arbitration

If informal resolution fails, you agree that any dispute will be resolved through binding arbitration, not in court.

• Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
• Arbitration will be conducted in New York, NY, or remotely by videoconference
• The arbitrator's decision is final and binding
• Each party pays its own attorneys' fees unless the arbitrator awards fees to the prevailing party

16.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS.

16.4 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or prevent irreparable harm. In addition: (1) either party may bring an individual claim in small-claims court instead of arbitration; and (2) nothing in this Section waives your right, if any, to seek public injunctive relief in court under applicable consumer-protection law where such a waiver is unenforceable.

16.5 Your Right to Opt Out

You may opt out of this arbitration agreement and class action waiver by emailing support@electivelabs.orgwith the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.

16.6 Severability of this Section

If any part of this Section 16 is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court, and the remainder of this Section shall continue to apply to all other claims.

17. General Provisions

17.1 Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

17.2 Entire Agreement

These Terms, together with our Privacy Policy and any order forms, constitute the entire agreement between you and Elective Labs regarding the Platform.

17.3 Modifications

We may modify these Terms at any time by posting updated Terms on the Platform. Material changes will be notified via email 30 days in advance. Continued use after changes take effect constitutes acceptance.

17.4 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full force.

17.5 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

17.6 Assignment

You may not assign these Terms without our written consent. We may assign these Terms at any time.

17.7 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, war, terrorism, pandemics, government actions, etc.).

18. Contact Information

For questions about these Terms, contact us at:

19. AI-Generated Compliance Information

Limitation of Liability for Compliance Features: While we strive for accuracy, the Company makes no warranties, express or implied, regarding the completeness, accuracy, reliability, or timeliness of any AI-generated compliance information. Specifically:

• Campaign finance rules vary by jurisdiction and change frequently. Our 50-state compliance database may not reflect the most recent regulatory changes.
• Contribution limit validation is based on publicly available data and may not account for all applicable exemptions, aggregation rules, or entity-specific restrictions.
• Deadline tracking is provided as a convenience. You are solely responsible for verifying and meeting all filing deadlines with the relevant regulatory authorities (FEC, state election commissions, etc.).
• The Company shall not be liable for any fines, penalties, legal actions, or regulatory consequences resulting from reliance on AI-generated compliance information.

You must always consult with your campaign counsel, treasurer, or qualified compliance professional before making compliance-related decisions. The Platform supplements — but does not replace — professional legal and compliance guidance.