Terms of Service

1. The service

VotePulse provides multi-channel voter outreach (SMS, WhatsApp, voice), ward-native CRM, polling agent coordination, results intelligence, and AI-assisted content tools for political campaigns in Kenya. Features vary by subscription tier.

2. Eligibility

• You must be 18 years or older and authorised to represent a political campaign or organisation.
• You must comply with Kenyan election law, the Election Offences Act, and Communications Authority of Kenya (CAK) regulations.
• You may not use VotePulse to coordinate voter bribery, disseminate hate speech, or transmit unofficial results as certified IEBC outcomes.

3. Accounts and security

You are responsible for safeguarding login credentials and agent PINs. Notify us immediately at support@votepulse.co.ke of any unauthorised access. We may suspend accounts that violate these Terms or pose a compliance risk.

4. Tenant data responsibilities

• You must obtain valid opt-in consent before uploading contacts for marketing messages.
• You warrant that contact lists are lawfully obtained and accurately mapped to IEBC geography.
• You are the data controller for your voter contact data; DataFly acts as data processor under our Data Processing Agreement.

5. Billing and payment

Subscription fees are billed monthly in Kenyan Shillings (KES) per your selected tier (MCA, MP, Governor, or Presidential). Overages for SMS, WhatsApp, voice, and AI drafts are charged per the pricing schedule. M-Pesa and bank transfer are accepted. Failure to pay may result in service suspension.

6. Acceptable use

• No spam, phishing, or messages outside CAK-permitted hours (07:00–19:00 EAT for marketing SMS).
• No circumvention of opt-out mechanisms (STOP, ONDOKA, ACHA).
• No reverse engineering, scraping, or attempts to access other tenants' data.
• No use of the platform to interfere with the integrity of elections.

7. Intellectual property

VotePulse software, branding, and documentation are owned by DataFly. You retain ownership of your campaign content and contact data. You grant us a limited licence to process your data solely to provide the service.

8. Results and tally data

Form 34A photos and tally reports ingested via the agent PWA are for internal campaign use unless verified by campaign HQ. VotePulse does not publish unofficial results as official IEBC outcomes. All tally displays must be labelled appropriately.

9. Limitation of liability

The service is provided "as is" to the maximum extent permitted by law. DataFly is not liable for indirect, consequential, or punitive damages. Our total liability is limited to fees paid in the 12 months preceding the claim. Nothing limits liability for fraud or death/personal injury caused by negligence.

10. Termination

Either party may terminate with 30 days' written notice. We may terminate immediately for material breach, legal requirement, or CAK compliance failure. Upon termination, you may export your data within 30 days; thereafter data is deleted per our Privacy Policy.

11. Governing law

These Terms are governed by the laws of Kenya. Disputes shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.