Please read these Terms of Use (the "Terms") carefully before accessing or using the Service. By accessing, browsing, registering for, or otherwise using the Service, you agree to be bound by these Terms in their entirety. If you do not agree, do not access or use the Service.
1. The Service and the Parties
"Company," "we," "us," and "our" refer to America First LLC, a Nevada limited liability company, and its affiliates, subsidiaries, successors, and assigns. "You" or "User" refers to the individual or entity accessing or using the Service.
"Service" means the websites, web applications, APIs, platforms, and related products and content offered by the Company under the brand ConstituencyData and its product Civitas, together with any data, models, outputs, documentation, communications, and related materials made available in connection with the foregoing, in each case as may be modified, updated, replaced, or expanded from time to time in the Company's sole discretion.
These Terms, together with any posted Privacy Policy, order form, acceptable-use policy, subscription schedule, supplemental terms, or similar document referenced herein or otherwise presented to you, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior understandings.
2. Eligibility and Account Registration
To use the Service, you must be at least eighteen (18) years of age, have full legal capacity to enter into a binding contract, and not be prohibited from receiving the Service under the laws of any applicable jurisdiction. If you use the Service on behalf of an organization, you represent and warrant that you have full authority to bind that organization to these Terms.
You agree to provide accurate, current, and complete information during registration and to keep such information updated. You are solely responsible for maintaining the confidentiality of any authentication credentials associated with your account, for all activity that occurs under your account, and for promptly notifying us of any unauthorized access. The Company is not liable for any loss or damage arising from your failure to safeguard your credentials.
3. License to Use the Service
Subject to your continued compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal, lawful, political, governmental, journalistic, academic, or commercial purposes, in each case solely as expressly permitted herein and by the Company's posted policies. All rights not expressly granted are reserved.
4. Acceptable Use
You will not, and will not permit any third party to:
- use the Service in any manner that violates applicable law, including without limitation federal and state election, campaign-finance, telemarketing, anti-robocall, defamation, privacy, data-protection, export-control, or sanctions laws;
- use the Service to harass, threaten, intimidate, impersonate, or defame any person or to facilitate voter suppression or interference;
- reverse-engineer, decompile, disassemble, scrape, or attempt to derive the source code, training data, or model weights of any part of the Service, except as expressly permitted by law notwithstanding this limitation;
- bypass, interfere with, or disrupt the Service, its security features, or its rate limits;
- resell, sublicense, rent, lease, or commercially exploit the Service or any output of the Service, except as expressly authorized in writing by the Company;
- use the Service to train, fine-tune, or improve any third-party artificial-intelligence model or dataset;
- upload, submit, or transmit any content you do not have the right to share, or any malicious code, infringing content, or unlawful content;
- use the Service in a manner inconsistent with the permitted-use restrictions of any underlying data source, including without limitation state voter-file licenses and Federal Election Commission use restrictions.
We may suspend, throttle, or terminate your access at any time, with or without notice, if we determine in our sole discretion that your use of the Service violates these Terms, any applicable law, or any policy posted by the Company.
5. User Content and Inputs
You retain ownership of any data, documents, queries, instructions, content, or other materials you submit to the Service ("User Content"). You hereby grant the Company a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, transferable license to host, store, reproduce, modify, create derivative works from, display, perform, transmit, and otherwise use User Content as reasonably necessary to operate, provide, maintain, secure, improve, develop, and promote the Service (including, where permitted by law and where such User Content does not identify a particular individual, to improve the Company's models, evaluation sets, and related offerings).
You represent and warrant that (a) you have all rights and authorizations necessary to grant the foregoing license, (b) the User Content does not violate any law or third-party right, and (c) your use of the Service with respect to such User Content complies with all applicable permitted-use restrictions.
6. Outputs; AI-Generated Content; No Guarantees
The Service includes features powered by artificial-intelligence systems and statistical models ("AI Features"). Outputs generated by AI Features, including without limitation natural-language responses, summaries, drafts, scores, recommendations, suggested targets, legal or compliance flags, and modeled propensities ("Outputs"), are produced algorithmically and may be incomplete, inaccurate, speculative, biased, out-of-date, misleading, or entirely fabricated. Outputs are provided for informational purposes only and are not a substitute for professional judgment, legal advice, tax advice, political advice, accounting advice, medical advice, or licensed counsel of any kind. You are solely responsible for evaluating the accuracy, appropriateness, lawfulness, and suitability of any Output before relying on it or taking action based on it.
Data accessible through the Service, including voter-file data, campaign-finance data, government data, business-licensing data, and third-party datasets, may be incomplete, delayed, out-of-date, inaccurate, or subject to the accuracy limitations of its upstream sources. The Company makes no representation or warranty regarding the accuracy, completeness, timeliness, fitness, legality, or non-infringement of any data or Output provided through the Service.
You acknowledge and agree that you use all data, Outputs, and AI-generated content at your sole risk, and that the Company shall have no liability for any decision you make in reliance on any data or Output.
7. No Campaign or Outcome Guarantees
The Company makes no promise, warranty, or guarantee of any electoral, political, fundraising, messaging, compliance, financial, reputational, or other outcome whatsoever. Elections, fundraising, and campaign operations are inherently subject to factors outside of our control. Without limitation, the Company is not responsible for, and shall have no liability in connection with, lost elections, lost donations, missed deadlines, disqualifications, regulatory investigations, reputational harm, negative press, legal challenges, or any other outcome arising from your or any third party's use of (or inability to use) the Service.
8. Third-Party Services and Data Sources
The Service may integrate with, display, or depend upon third-party services, data sources, APIs, artificial-intelligence providers, or other external resources. The Company does not control these third parties and does not endorse or assume responsibility for their content, policies, practices, or availability. Your use of third-party services is governed by those third parties' terms, and you access them at your own risk.
9. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL DATA, OUTPUTS, FEATURES, INTEGRATIONS, AND RELATED MATERIALS, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, PERFORMANCE, USAGE, OR TRADE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties; the foregoing exclusions apply to the fullest extent permitted by applicable law.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, VOTES, DONATIONS, CONTESTS, OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE FEES ACTUALLY PAID BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100.00).
The foregoing limitations are a fundamental element of the basis of the bargain between you and the Company and shall apply even if any limited remedy is found to have failed of its essential purpose.
11. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, agents, contractors, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms or any applicable law; (d) your violation of any third-party right, including any intellectual-property, privacy, publicity, or contractual right; or (e) any dispute between you and any third party, including any candidate, committee, donor, voter, vendor, regulator, or opposing party.
12. Intellectual Property
The Service, and all associated software, models, designs, trademarks, service marks, logos, documentation, and other materials, are and shall remain the exclusive property of the Company and its licensors. These Terms grant you no right, title, or interest in or to any of the foregoing except the limited license expressly provided.
"ConstituencyData," "Civitas," and related names and logos are marks of the Company. You may not use them without our prior written consent.
13. Fees, Billing, and Subscriptions
Fees, if any, applicable to your use of the Service will be set forth in an order form, subscription page, or other materials presented to you at the time of purchase and are incorporated by reference. Unless otherwise stated, fees are non-refundable, exclude applicable taxes, and are billed in advance. The Company may change pricing at any time with notice to then-current subscribers; any such change takes effect at the start of the next billing cycle. Failure to pay any fees when due may result in suspension or termination of your access.
14. Modifications to the Service and to These Terms
The Company may, at any time and in its sole discretion, modify, suspend, or discontinue any part of the Service, temporarily or permanently, with or without notice. The Company is not liable to you or any third party for any such modification, suspension, or discontinuation.
The Company may update these Terms from time to time by posting the updated Terms on the Service. Material changes will be identified by an updated effective date. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms.
15. Termination
You may stop using the Service at any time. The Company may suspend or terminate your access to the Service at any time, for any reason or no reason, in its sole discretion, with or without notice. Upon termination, your right to access and use the Service ceases immediately; provisions that by their nature should survive (including Sections 5–13, 16, 17, and 18) shall survive any termination.
16. Governing Law
These Terms, and all matters arising out of or relating to these Terms or the Service, shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict-of-laws principles. Each party consents to the exclusive jurisdiction and venue of the state and federal courts located in Clark County, Nevada for any claim not subject to the arbitration provision below.
17. Dispute Resolution; Binding Arbitration; Class-Action Waiver
Please read this Section carefully. It affects your legal rights.
You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Consumer Arbitration Rules (as applicable). The arbitration shall be conducted in Las Vegas, Nevada (or by telephone or video at the arbitrator's discretion) before a single arbitrator. The arbitrator's decision shall be final and may be entered as a judgment in any court of competent jurisdiction.
You and the Company each waive any right to a trial by jury and agree that Disputes shall be arbitrated on an individual basis only. Class actions, collective actions, consolidated actions, and representative actions are not permitted, and the arbitrator may not consolidate Disputes or preside over any form of class, collective, or representative proceeding.
Notwithstanding the foregoing, (a) either party may bring an individual action in small-claims court for Disputes within the scope of that court's jurisdiction, and (b) either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information.
18. Miscellaneous
Severability
If any provision of these Terms is held unenforceable, the remaining provisions shall continue in full force and effect.
No waiver
The Company's failure to enforce any provision is not a waiver of its right to do so later.
Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms at any time, including in connection with a merger, acquisition, reorganization, or sale of assets.
Force majeure
We are not responsible for failures or delays in performance caused by events beyond our reasonable control.
Notices
Notices to the Company must be sent to hello@constituencydata.com. Notices to you may be sent via email, posted on the Service, or by any other reasonable means.
Relationship
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.
Contact
Questions about these Terms may be directed to hello@constituencydata.com.