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Terms of Service

Last updated: December 5, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Akashic Intelligence, LLC ("Akashic," "we," "us," or "our"), an Illinois limited liability company headquartered in Springfield, Illinois. By accessing or using the Akashic platform and services (the "Service"), you agree to be bound by these Terms.

If you are using the Service on behalf of a political campaign, committee, or organization, you represent that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

2. Eligibility and Service Restrictions

Akashic Intelligence provides campaign management services exclusively to candidates, campaigns, committees, and organizations aligned with the Democratic Party of the United States. We reserve the absolute right to refuse service to, or terminate the accounts of, any user or organization that does not meet this eligibility requirement.

By using the Service, you represent and warrant that:

  • You are affiliated with a Democratic Party-aligned campaign, committee, or organization
  • You are at least 18 years of age
  • You have the legal capacity to enter into binding agreements
  • You will use the Service in compliance with all applicable federal, state, and local laws, including but not limited to campaign finance laws and FEC regulations

3. Account Structure and Responsibilities

The Service uses an organization-based account structure. Each campaign or organization ("Organization") may have multiple authorized users ("Members"). The individual who creates the Organization account is designated as the Organization Owner and is responsible for:

  • Managing Member access and permissions
  • Ensuring all Members comply with these Terms
  • Maintaining accurate billing and contact information
  • All activity that occurs under the Organization account

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Subscription and Payment Terms

4.1 Subscription Plans

Access to the Service requires a paid subscription. We offer monthly and annual subscription plans as described on our pricing page. Annual subscriptions are billed in advance and include a discount as specified at the time of purchase.

4.2 Success Partnership

In addition to subscription fees, all campaigns agree to pay a performance-based Success Partnership fee calculated based on campaign type:

Federal Campaigns:

  • No fee on the first $250,000 in total contributions
  • 0.5% of total contributions between $250,000 and $2,000,000
  • 0.25% of total contributions exceeding $2,000,000

State and Local Campaigns:

  • No fee on the first $100,000 in total contributions
  • 0.5% of total contributions between $100,000 and $500,000
  • 0.25% of total contributions exceeding $500,000

"Total contributions" means all contributions excluding candidate self-funding. For federal campaigns, contribution totals are determined based on publicly reported Federal Election Commission (FEC) data. For state and local campaigns, contribution totals are self-reported by the campaign and subject to verification against publicly available state or local disclosure filings. Akashic reserves the right to audit self-reported figures against official campaign finance disclosures.

Success Partnership fees are due at the end of the calendar quarter following the reporting period in which contributions were received or disclosed.

4.3 Payment Processing

All payments must be made from authorized campaign accounts in compliance with applicable campaign finance laws. We use third-party payment processors and do not store your complete payment information on our servers.

4.4 FEC Compliance

All fees charged by Akashic represent fair market value for services rendered. Campaigns are responsible for properly reporting payments to Akashic as operating expenditures on required FEC or state disclosure reports.

5. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable law or regulation, including campaign finance laws
  • Engage in voter suppression, intimidation, or any form of election interference
  • Create, distribute, or store content that is defamatory, fraudulent, or intentionally misleading
  • Infringe upon the intellectual property rights of others
  • Attempt to gain unauthorized access to any part of the Service or its related systems
  • Use the Service to benefit any non-Democratic Party candidate or campaign
  • Share access credentials with unauthorized individuals
  • Reverse engineer, decompile, or attempt to extract the source code of the Service

6. Data Ownership and Your Content

You own your data. All campaign data, voter information, donor records, and other content you upload or create using the Service ("Your Content") remains your property. We do not claim any ownership rights over Your Content.

You grant Akashic a limited, non-exclusive license to use Your Content solely for the purpose of providing and improving the Service. This license terminates when you delete Your Content or close your account, except for anonymized and aggregated data that cannot be used to identify any individual or campaign.

Upon termination of your account, you may request an export of Your Content. We will provide your data in a standard, machine-readable format within 30 days of your request.

7. Artificial Intelligence Features

The Service includes features powered by artificial intelligence and machine learning technologies. Regarding these features:

  • Output Review Required: All AI-generated content, recommendations, and analyses are provided for informational purposes only. You are solely responsible for reviewing, editing, and approving any AI-generated content before use.
  • No Guarantees: We make no warranties regarding the accuracy, effectiveness, or suitability of AI-generated outputs for any particular purpose.
  • Human Oversight: AI features are tools to assist your campaign staff, not replacements for human judgment. Critical decisions should always involve human review.
  • Your Responsibility: You assume full responsibility for any content you publish or actions you take based on AI-generated suggestions.

8. Intellectual Property

The Service, including its original content, features, functionality, and underlying technology, is owned by Akashic Intelligence, LLC and is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.

Nothing in these Terms transfers any Akashic intellectual property to you. Your subscription grants you a limited, non-exclusive, non-transferable license to access and use the Service for your campaign purposes during your subscription term.

9. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service will meet your specific requirements or produce any particular campaign outcome.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AKASHIC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability for any claims arising under these Terms shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Akashic Intelligence, LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your Content or campaign materials created using the Service
  • Any claim that Your Content infringes the rights of a third party

11. Termination

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period.

We may suspend or terminate your access to the Service immediately, without prior notice, if:

  • You breach these Terms
  • We determine you no longer meet our eligibility requirements
  • We are required to do so by law
  • We discontinue the Service (with reasonable notice)

Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

12. Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may pursue binding arbitration in Springfield, Illinois, in accordance with the rules of the American Arbitration Association.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Akashic Intelligence, LLC

Springfield, Illinois

Email: legal@akashic.app

This document is provided for informational purposes and should be reviewed by legal counsel before use. Akashic Intelligence recommends that all campaigns consult with an attorney familiar with campaign finance law and FEC regulations.